Virginia Beach Attorneys for Failure to Pay Support
Sadly, it is not uncommon for former spouses to neglect their child support obligations. There are numerous reasons why some parents may fail to pay child support, including a sudden change in financial circumstances or some other cause. Whatever the reason, you have a legal right to enforce a child support agreement. There are also severe consequences for individuals who fail to follow through on their child support responsibilities.
If your ex has stopped paying child support in Virginia Beach, contact Pincus Goodman, P.C., for a consultation to review your legal options. You can reach us by phone at (757) 301-9634.
How to Enforce a Child Support Order
As soon as you have obtained a child support order from the courts or established a legally-binding separation agreement that contains directives regarding child support, you expect your former spouse to pay support. In Virginia, billions of dollars in unpaid child support are still owed to payees across the state, demonstrating that it is not unusual for payors (parents who pay child support) to neglect their responsibilities.
If your ex is refusing or failing to pay, there are several different legal actions that you could potentially take with the help of your attorney, including:
- Rule to Show Cause – Through this legal action, the court can compel the other parent to show up in court and explain why they are unable to meet their court-ordered child support obligations. To avoid contempt of court charges, the parent paying child support must be able to give the court a satisfactory explanation as to why they haven’t been paying.
- Motion and Advance Notice for Judgment for Arrearages – If you are owed child support, you can file a Motion and Advance Notice for Judgment for Arrearages. If your motion is approved, the court will enter a judgment against your former spouse for the full amount of child support they have thus far failed to pay.
- Motion for Income Deduction Order – You can ask the court to take child support payments out of the other parent’s wages through a Motion for Income Deduction Order. If the court approves this motion, then it will be up to your ex-spouse’s employer to withhold child support payments from their wages. You would then receive those funds from your ex-spouse’s employer.
If your ex has stopped paying child support, the Virginia Beach child support attorneys of Pincus Goodman, P.C., can help you seek the relief you are entitled to.
Penalties for Failure to Pay Support
Parents who fail to pay child support can face severe penalties. In fact, failure to pay child support is a misdemeanor in Virginia. The potential penalties for anyone convicted of failing to pay child support include fines, possible jail time, or both.
The non-paying parent could also face other consequences imposed by the court, including other means of recovering back child support. The court could order the payor’s wages to be garnished, and other sources of income, like lottery winnings, annual tax refunds, and workers’ compensation benefits, could also be garnished. The payor’s accounts may be seized until they have repaid the amount they owe, and they may have judgment liens placed on certain properties, allowing creditors to sell the properties to fulfill the judgment. The payor’s credit score could also suffer since missing a child support payment can be reported to credit bureaus. Additionally, they may not be able to obtain a passport and could even have their driving privileges revoked.
Contact a Virginia Beach Child Support Attorney Today
If your ex-spouse has stopped paying child support, you are not alone. The Virginia Beach attorneys of Pincus Goodman, P.C., have the legal knowledge and experience to help you seek the child support that you need to provide for your family. Call us today at (757) 301-9634 to schedule a consultation.