Parents are required to financially support their children. When child support is not paid on a consistent and timely schedule, it can be difficult for parents to make ends meet. An experienced Leesburg child support enforcement lawyer can assist when an action must be filed.
The child support lawyers at Capital Family & Divorce Law Group advocate for people who are seeking enforcement of support orders. We can help you navigate the enforcement process and ensure you understand your rights.
Child Support Enforcement Process
If a parent is not paying their court-ordered child support, it may be necessary to bring an enforcement action. One way to begin regular and consistent collection of child support is with one parent filing an application with the Virginia Department of Social Services. The other parent is notified of the application and has 10 days to object. A hearing will be held before an officer, where both parties can present evidence. The hearing officer will then issue a decision regarding the enforcement action by issuing an Administrative Support Order. Either party can appeal the hearing officer’s decision to the Juvenile Domestic Relations Court within 10 days of the hearing officer’s decision. The Court will then review the case and make a determination regarding establishing child support.
If a parent is violating a child support order, the other parent may need to seek the court’s help in enforcing the order. That can be done in the Juvenile and Domestic Relations District Court or the Circuit Court. Parents who have an open case with the Division of Child Support Enforcement may also reach out to their case managers for enforcement. An experienced Leesburg attorney can assist in navigating the child support enforcement process.
Enforcement Mechanisms
The court has various ways to require a parent to make child support payments. The court may require that the parents’ income be withheld by their employer. The employer would automatically deduct a set amount from each paycheck, which would then be paid toward their outstanding child support. Any state and federal tax refunds can also be directed to be paid toward their child support. A lien could be placed on the parents’ property, including any real estate or bank accounts.
The parent’s passport may be restricted, resulting in the parent not being allowed to travel internationally. When a parent does not pay their child support, the court may suspend business, professional, or occupational licenses. A parent who does not pay child support may have their driver’s license revoked. The court may find the parent in contempt of court and require the non-paying parent to serve a jail term or pay additional fines. A dedicated lawyer in Leesburg can assist in explaining all of the options available to enforce a child support order.
Evidence to Support an Enforcement Action
If a parent has been ordered to pay child support and they refuse to make payments, it is important to document all missed payments. Bank statements can be used to show that some payments were made or to show a lack of payments. Any texts or emails can also be used as evidence to verify communication about missing or late child support payments. Some evidence of the other parents’ employment can prove that they are working and are earning an income. Medical records and daycare receipts can also show that the parent was not paying for the needs of the child. An experienced Leesburg attorney can assist in collecting evidence to support a child support enforcement case.
A Dedicated Leesburg Child Support Enforcement Attorney Can Answer Your Questions
The law requires both parents to financially support their children. When one parent refuses to make their child support payments, it can create an issue for the other parent and the child. If you want to seek enforcement of a child support order, you need to speak with a dedicated Leesburg child support enforcement lawyer.
At Capital Family & Divorce Law Group, our lawyers are dedicated to advocating for parents who are not receiving child support. We understand the enforcement process and are here to help. Contact our team today to discuss your case.
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