When a parent stops paying court ordered support, the impact on a household can be immediate and painful. Bills pile up, and children may go without the things they need to thrive.
The good news is that the state offers strong tools to collect what is owed. Understanding these remedies can help you make informed decisions in re: what may happen next and how to push for the payments your family deserves.
Support liens against property
The state can place a lien on the real or personal property of a parent who falls behind. Once that lien is docketed, it attaches to property in the area where it is filed and often takes priority over many other debts. This gives the agency a secured claim against what the parent owns.
Orders to withhold income or other property
When support goes unpaid, the agency may issue orders to withhold and deliver property held by an employer, bank or other party. This can reach wages, deposits and other assets that belong to the parent. The parent receives notice and may appeal within a set time if there is a mistake of fact or a valid exemption.
Seizure and sale of property
If a lien is in place, the agency can take the next step and seize property, then sell it at public auction. Notice is sent ahead of time, and the sale proceeds are applied to the unpaid balance. Any money left over after costs is returned to the parent.
License suspension
A parent who falls far behind may face suspension of professional, business, driving or recreational privileges. Before this happens, the parent receives notice and a chance to pay or reach a payment agreement. Meeting those conditions can lead to reinstatement.
Credit reporting and other collection tools
Unpaid balances may be reported to consumer credit agencies after advance notice. The agency can also reach bank accounts through data matches, attach unemployment or workers’ compensation benefits and pursue other methods to recover the debt.
Because Virginia child support laws give the state broad power to act, and because notice and appeal rights may apply before some steps move forward, you may significantly benefit from legal guidance to protect your interests and understand your options regarding child support. With so much at stake, a DIY approach is inadvisable.
