In Virginia, 1 in 7 children receive child support payments through the Virginia Division of Child Support Enforcement (DCSE), and more children receive child support payments that do not pass through Virginia DCSE. It stands to reason then, that in the midst of the current COVID-19 health crisis, that many parents may struggling with how to pay child support , or how to pay bills without child support during this time.
If you’re under Court Order (or DCSE administrative Order) to pay monthly child support, remember that any Order stands as is written, unless it is modified by a Court and a new Order is entered. This means that if you’ve been furloughed, or laid off during the COVID-19 outbreak, and no longer have a source of income, your child support amount does not automatically change, and per the law, continues to accrue each month if not paid in full. The parent that receives support has the option to file a show cause against you if you’re not paying your child support, which can include in the most extreme circumstances jail time. If you can’t make your current child support payments, or you can’t pay your current bills with the current amount of child support what should you do?
If you already have an Order to pay support, you should file a Motion to Modify the child support with the Court that issued the Order (or again, with DCSE if applicable). The Courts aren’t setting dates for coming to Court at present owing to the current judicial emergency, but they are processing Motions to Modify, which means when the judicial emergency is ended, you’ll be given a date to come to Court. By filing now, you increase your chances of a Court modifying the amount of support owed back to the filing date, which could result in significant savings.
Likewise, if you’re currently receiving child support via Court Order or DCSE Order, and you suddenly lose your job, you too can file a Motion to Modify the support with the Court that issued the Order (or again, with DCSE if applicable). Like parents who pay support, by filing a Motion to Modify sooner rather than later, you’re increasing your chances of a Court modifying the amount of support owed back to the filing date, which could result in receiving a higher amount of support for a longer amount of time.
Like most matters of the law, child support amounts can vary greatly based on individual circumstances and facts. If you have a question regarding child support payments or modifications, please don’t hesitate to reach out to us as info@wmmlegal.com or 804-423-1382 for additional assistance. We can help.
