Virginia law considers support order payments to be tax-neutral. This means they shouldn’t be claimed on federal or state-level tax returns. Paying parents will not receive any deductions for these obligations.

Parents in Virginia do not need to report payments on tax returns. Receiving parents may consider the payment as income, but it shouldn’t be listed as income for tax purposes.

No, support payments won’t be taken pre-tax. Regardless of how the money is withdrawn from the non-custodial parent, the money will have already been taxed prior to being distributed to the custodial parent.

Yes, Virginia law allows Child Support Enforcement agencies to intercept all federal or state income tax refunds when the individual owes at least $25 to the agency.

If the parents are married, the paternity is automatically presumed. When parents are unmarried, they will both need to sign an Acknowledgement of Paternity at the hospital. Otherwise, courts may perform genetic testing to establish paternity during court proceedings.

Fathers who are not listed on Virginia birth certificates are not afforded any legal rights to their children including visitation time or a hearing over custody issues.

Outside of the courtroom, mothers may refuse to submit to a paternity test. Fathers can petition the court for a paternity hearing to enforce their rights to a paternity test.

If the father is deceased, then you will need to contact your local child support office for additional information on how to proceed with paternity establishment. Contact 1-800-468-8894 for more information.

Genetic testing requires samples from the child, mother and father, so it would be difficult for a father to confirm paternity without the mother’s DNA sample. Thankfully, potential fathers have a right to a paternity hearing where a court can order the mother to comply with a paternity test.

Fathers must sign an Acknowledgement of Paternity (AOP) at the hospital at the time of birth or by appointment at the local health department. Virginia law requires a father to establish paternity before the child’s 18th birthday.

Yes. Either parent can request a modification of a current order when circumstances have changed, and judges will automatically review support obligations every three years.

Modifications can be made when parents can prove there has been a substantial change in circumstances. This may include an increase or decrease in one parent’s income or a change in the child’s needs.

Parents can file for a request for modification by completing the Request for Review and Modification form. Parents need to write and sign the form before submitting it to the district office that manages your child support case.

Yes. An administrative appeal is a formal hearing in a Virginia courtroom to contest any and all actions taken by the state’s Division of Child Support Enforcement. A request for an appeal should be made in writing and mailed to the Virginia Department of Social Services, Appeal and Fair Hearings Unit, 801 E. Main Street, Richmond, Virginia 23219.

It may not be necessary to hire a lawyer to modify payment amounts. Often, the custodial parent will not object to the modification. Under these circumstances, some Virginia courtrooms will enter the modification without having a hearing.

Sadly, it can take anywhere from 60 days to a year for enforcement measures to be levied against a non-paying parent.

When you aren’t receiving payments, you should immediately report the error to your local child support office.

If you aren’t making payments, then you are defying a court order which is against the law.

The federal government considers willful evasion of support obligations a felony when overdue payments exceed $10,000 or have remained unpaid for over two years.

Yes, but only after 20 years.

After paternity is established, the state of Virginia expects both parents to support their child. The parent who doesn’t primarily reside with the child will be obligated to provide monetary payments to the other parent to help provide for the child’s needs. Courtrooms will utilize state guidelines to determine an appropriate obligation amount and establish an order.