Virginia has strict laws when it comes to child support, including a provision that makes it illegal for any parent to waive child support arrears (commonly referred to as ‘back child support’), even if all parties agree and use the services of a Virginia child custody attorney. The only way the terms of a child support arrangement can be adjusted, amended, reduced, or changed in any way is with a court order. Even if this is done, the court cannot reduce or waive back child support.
The bottom line is you can’t ignore the court order that set the original schedule for child support–you need to pay.
Why Someone Might Want to Waive Back Support
The parent receiving payments might consider waiving child support for various reasons, including:
- The need for a clean break from an ex-partner
- Child support is seen as a hurdle blocking chances of reconciliation
- The custodial parent is independently wealthy and doesn’t feel the money is necessary
- Other resources are available to provide for the child
If you are a custodial parent, think long and hard about waiving child support payments. You might not need the money now, but unforeseen circumstances such as a child falling ill, being disabled in an accident, or a job loss could quickly change your situation.
Why You Can’t Waive Outstanding Child Support
Who pays child support in joint custody is determined by a court. Nonpayment of support can be a criminal offense, which may result in a jail sentence. The delinquent payor may also be charged interest and attorney’s fees.
Even bankruptcy or unemployment is not enough of a reason to discharge this obligation. There must be a legitimate reason, such as the paying parent needing to go on disability.
You Can Challenge Child Support Amounts (Sometimes)
In Virginia, the courts must adhere to child support guidelines set by the state in all cases where child support is sought. While the use of these guidelines is mandatory, the amount determined by the guideline can be challenged.
The only way to change the amount of child support is by petitioning the court. During the hearing, you must demonstrate one of the following:
- You are not the noncustodial parent
- The ordered amount is inaccurate
- Your income is exempt from child support garnishment
The court may only consider an appeal if you can demonstrate sincere efforts to pay or provide a valid reason for non-payment. Be sure to provide evidence of the payments you have made to the court.
If you don’t file the motion to amend or review child support, it will continue to accrue according to the terms of the latest order. This holds true even if there is no active enforcement of the child support order or if there is an oral agreement stating that child support need not be paid. Without a new written order approved by the court, the original order remains effective.
What Happens If the Parent Still Doesn’t Pay
Non-payment of support could result in the parent being held in contempt of court, automatic payroll deductions, garnishment of wages or Social Security benefits, suspension of a driver’s license, suspension of professional licenses, seizure of bank accounts, interception of state and federal tax refunds, or the placement of a lien against personal and real property needed to satisfy the child support debt.
It’s All About the Best Interests of the Child
Virginia laws were written to protect its smallest citizens even if the parents aren’t as concerned as they should be. Child support is determined by the court based on the interests of the children involved.
In Virginia, child support can be established through a property settlement agreement, which is then approved by a judge. Alternatively, a judge can set the child support amount. Either way, it is imperative that you comply with the terms of the decision.To avoid getting into legal hot water, talk with a lawyer from Coastal Virginia Law if you and your ex-partner want to change the terms of your child support arrangement or if you want to know if a felony affects child custody.
