Virginia enforces child support orders through various legal tools, including wage withholding, property liens, license suspension, and tax refund interception. These mechanisms help ensure that custodial parents receive the support their children are legally entitled to.

Virginia Child Support Statutes

• Key Statutory Provisions: Virginia Code, Title 20 – Domestic Relations
  • § 20-108.1: Determination of Child Support
    • Establishes the guidelines for determining child support obligations based on the combined gross income of both parents. It also outlines the factors that may justify deviation from the guidelines.
  • § 20-108.2: Child Support Guidelines
    • Provides the specific formula used to calculate child support obligations, taking into account both parents’ income, the number of children, and adjustments for health care, child care costs, and other relevant factors.
  • § 20-108.2(D): Deviations from Guidelines
    • Lists specific factors that courts may consider when deciding whether to deviate from the standard child support calculations, including extraordinary medical or educational expenses, shared custody arrangements, and any special needs of the child.
  • § 20-108.2(G): Imputed Income
    • Allows courts to impute income to a parent who is voluntarily unemployed or underemployed, based on their earning capacity, educational background, and work history.
  • § 20-108.3: Child Support Arrears
    • Provides for the enforcement of child support arrears, including interest on overdue payments and mechanisms for collection such as wage garnishment and tax refund interception.

Interpretation and Application by Virginia Courts

• Key Interpretations:
  • Guidelines as a Presumptive Amount: Virginia courts use the guidelines as a presumptive starting point for calculating child support obligations. Deviations require a documented explanation and justification based on statutory factors.
  • Income Determination and Imputation: In cases where a parent is unemployed or underemployed without just cause, courts may impute income based on the parent’s potential earnings rather than actual income.
  • Shared Custody Adjustments: The guidelines account for shared custody arrangements, adjusting obligations based on the amount of time each parent spends with the child.
  • Consideration of Special Needs: Courts consider special needs, such as medical or educational expenses, as a valid reason for deviating from the standard guideline amount.

Notable Case Law

• Richardson v. Richardson (2010): This case emphasized the necessity of providing a clear and detailed rationale when courts deviate from child support guidelines. The Virginia Court of Appeals upheld the principle that any deviations must be justified by specific findings related to statutory factors.
• Joynes v. Payne (1999): The court addressed the imputation of income, ruling that it is appropriate to consider a parent’s earning capacity when actual income does not reflect their true ability to earn, especially if underemployment is voluntary.
• Niblett v. Niblett (2005): Highlighted the consideration of extraordinary medical expenses as a basis for increasing child support beyond the guideline amount to adequately cover the child’s needs.

Application in Practice

• Imputed Income: Courts often impute income to a parent based on their qualifications and job opportunities available in the community if voluntary underemployment is suspected.
• Modification of Orders: Child support orders can be modified if there is a significant change in circumstances, such as changes in income or custody arrangements.
• Enforcement Mechanisms: Virginia employs various enforcement mechanisms to ensure compliance with child support orders, including wage garnishment, property liens, and suspension of licenses.

If you are experiencing difficulty collecting unpaid support or are being pursued for arrears, Mir & Bashir LLC can provide trusted legal support tailored to your unique circumstances.