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Child Support Frequently Asked Questions

The Virginia Department of Social Services is working closely with Governor Youngkin's administration, local partners and stakeholders to address and respond to families safely and effectively. The FAQ will address frequently received questions, and we will continue to update this website periodically.

DCSE's commitment to providing you with excellent customer service will continue. You can contact us online by accessing our MyChildSupport Portal, email askdcse@dss.virginia.gov, or call us at 1-800-468-8894. It is our pleasure to be of service.

Employment

I am unable to work because I have lost my job. What can I do about not being able to pay child support?

Losing one's job can be challenging. Contact DCSE immediately to discuss payment and your case. Based on your change in circumstances, we may be able to review your child support obligation. DCSE Family Engagement Services and other resources are also available to assist you.

For information about the Virginia Employment Commission and unemployment benefits, visit https://vec.virginia.gov/.

I am not working and not eligible for unemployment benefits. Is there a program that can help me?

Being unemployed can present challenges. Contact us immediately to discuss details about your current situation.

Ask about participation in our Family Engagement Services. If you owe TANF arrearages, you can also ask about our TANF Debt Compromise Program. You may also be eligible for review and modification of your support order.

Depending on your situation, you may also be eligible for assistance programs available through the Department of Social Services. Visit https://commonhelp.virginia.gov for more information. If you would like to learn more about services in your local area, visit https://www.211virginia.org.

Will my child support payments still be due if I am unable to work?

Yes. Your child support payment is still due according to your order. If you are unable to work, contact us to discuss your case. You may be eligible for review and modification of your order or assistance through our Family Engagement Services.

For information about the Virginia Employment Commission and unemployment benefits, visit: https://vec.virginia.gov

For information about the Social Security Administration and disability benefits, visit: https://www.ssa.gov or call 1-800-772 1213.

Can I have an extension on paying my child support payments due to experiencing a hardship?

Your child support payment is due according to your order. If you are facing challenges in making support payments, contact us to discuss your case and receive more information on available programs and services. You may be eligible for review and modification of your order or participation in our Family Engagement Services. If you owe TANF arrearages, you can also ask about our TANF Debt Compromise Program.

Will interest be waived if I am unemployed?

Your current support, arrearages, and interest are due according to the terms of your order. If you are unemployed, please refer to the information provided in response to question number 1 ("I am unable to work because I have lost my job. What can I do about not being able to pay child support?"). Contact us for further inquiries and assistance regarding your case.

Enforcement

If I am unable to pay child support, will DCSE continue to take enforcement actions?

Yes, DCSE may continue to take enforcement actions depending on your current circumstances. We understand that some situations can create hardships on families and we may be able to help. Contact us for help about enrollment in our Family Engagement Services. We are continuing to evaluate ways we can offer flexibility in addressing the needs of families. If you owe TANF arrearages, you can also ask about our TANF Debt Compromise Program.

Payment Processing

Will I continue to get my child support payments to take care of my children?

We will continue to distribute child support payments within 48 hours of the parent or employer sending us payment. However, if a parent is unable to pay, such as due to a loss of employment, then this could affect your child support payments. If there has been a change in a parent's employment, please contact us.

If a parent lives in another state, how will I receive child support payments?

Contact DCSE immediately if the noncustodial parent moves to another state to provide the parent's address and place of employment if known. DCSE may initiate a withholding order directly to the employer when possible or will file paperwork with your help to the other state to request that state enforce the order on behalf of Virginia.

My child support payment is not showing on my debit card. When can I expect my payment?

Your child support payments are top priority to us. If your payment seems to be delayed, it may post to your debit card by the end of the 2nd business day. Debit card payments are handled by the same payment processing center that processes payments for all Virginia agencies including unemployment benefits, TANF, and childcare benefits along with other states' agencies.

If you would like to enroll in direct deposit to receive payments directly into your bank account, the direct deposit form is on our website at https://www.dss.virginia.gov/family/dcse/form.cgi

Employers

How should an employer process an income withholding order if the named employee has been laid off or sent home without pay? Will there be a penalty or will interest accrue if child support cannot be withheld or paid?

Notify us when an employee has a change in status such as lay off or termination. Depending on the terms of the order, interest may accrue on the unpaid balance.

I am an employer and received a compliance letter. The employee was laid off. What should I do?

Contact us to provide details about the employee's status. If you were remitting payments under an income withholding order, complete the Notification of Employment Termination on that order and return it to us by email, at the address listed in the introduction on this page, or by mail at 5600 Cox Road, Glen Allen, VA 23060.

Emancipation / Graduation

My child is turning 18, but will not graduate from high school until next year; will I continue to receive my child support payments?

Unless otherwise ordered, Virginia support orders terminate child support on a child's 18th birthday; however, support continues for any child who is over the age of eighteen (18) and is a full time high school student until the child reaches age nineteen (19) or graduation from high school, whichever occurs first. It is recommended that you review the terms of your support order, as they may differ based on the court or jurisdiction of entry.

Contact us for further assistance on case specific inquiries.

Stimulus Payments

Did the Virginia General Assembly prohibit interception of stimulus checks during the 2020 Special Session?

No. The General Assembly did not prohibit interception of stimulus checks.

A new law, passed during the 2020 Special Session, exempts state and federal emergency relief payments from garnishment, attachment, and other legal creditor process seizures. However, the bill specifically states, "no such exemption shall extend to child support, spousal support, or criminal restitution orders."

If DCSE intercepts my refund payment and I am enrolled in the TANF debt compromise program, will the payment be matched dollar for dollar?

If you are already an active participant in our TANF debt compromise program and you have made the required payment for three, consecutive months, you may be eligible for a $1 for $1 reduction. If you have questions about your specific case, please reach out to us.

To become a participant in our TANF debt compromise program, your order must be a Virginia order, you must owe TANF debt, and you must have signed the TANF Debt Compromise Payment Agreement. If you are interested in learning more, please reach out to us.

Will I receive the refund payment from the noncustodial parent on my case?

Payments to noncustodial parents that are subject to intercept under the Federal Income Tax Refund Offset Program will be offset by the amount of past-due child support. If the amount of past-due support is less than the stimulus payment, then the noncustodial parent will be entitled to keep the excess.

For payments received from tax refund offsets, the payment hierarchy is as follows: if money is owed to the state for reimbursement of public assistance that has been previously paid to the family, payment will be paid to that debt first. Next, debt owed to the custodial parent will be paid.

Is there a specific amount that I have to owe for a refund to be taken?

Yes. TANF and title IV-E foster care cases must have at least $150 in past-due support for an offset to apply. Non-TANF/IV-E or Medicaid-only cases must have at least $500 of past-due support for the offset requirement to apply. Stimulus offsets follow the same fees, distribution timeframes, and hold periods as federal tax refund offsets.

Will I be notified ahead of time about my refund check being intercepted?

If there is an interception of your stimulus check, you will receive notice. Typically, the Federal entities administering the offset program send both a pre-offset and a post-offset notice.

I am married, and my spouse pays child support. Will my portion of our stimulus check be intercepted for his child support debt?

Yes, your portion of the stimulus check may be intercepted if your spouse owes past-due child support. As in the case of the 180-day hold that applies to Federal joint tax refunds the same will apply to the stimulus checks. This hold preserves the interests of the other spouse. You can receive your part of the stimulus refund by filing an Injured Spouse Claim Form 8379 as you would for a Federal tax offset.

I am living out of state; how long will it take for me to receive the non custodial parent's stimulus payment?

We cannot confirm specific dates as to when you will receive the stimulus payment after it posts to the case.

If you would like to learn more about receiving payments directly in your bank account, visit our website at https://www.dss.virginia.gov/family/dcse/form.cgi to download a Direct Deposit Authorization form.

American Rescue Plan Act of 2021

Under the American Rescue Plan of 2021, advance payments of up to half the 2021 Child Tax Credit were sent to eligible taxpayers. I did not receive any payments. What can I do?

Visit the Internal Revenue Service website for information about 2021 Child Tax Credit eligibility.

Courts

Are the courts open during normal business hours?

Visit the Virginia's Judicial System website for individual court days and hours of operation.

Tax Refund

When will a custodial parent receive additional payments due to a tax refund intercept?

The 2022 federal tax filing deadline was April 18th. Individual refund payments received as the result of tax intercept are processed upon receipt. Refunds received from joint federal tax returns are not distributed to the custodial parent until after the required 180 day hold period.

Will tax refunds be held once they are received if there is a joint tax return?

There is a 180-day hold that applies to Federal tax offsets when the intercepted refund is for a joint tax return. This hold preserves the interests of the spouse.

I didn't receive the last stimulus payment. If it is added to my federal refund, will DCSE return the stimulus portion of my refund?

Information regarding the Recovery Rebate Credit (RRC) can be found on the IRS Recover Rebate Credit page. If the IRS issues you any refund based on your 2020 tax return, the entire amount of the refund, including any portion of the RRC, will be subject to intercept for past-due support.

If I have to claim a Recovery Rebate Credit on my tax return, will DCSE intercept my refund if I owe past-due child support?

Yes. If the IRS issues you any refund based on your 2020 tax return, the entire amount of the refund, including any portion of the RRC, will be subject to intercept for past-due support.

Why is DCSE treating the RRC differently if I received an Economic Impact Payment directly from the IRS?

This decision was made by Congress and the IRS that any RRC refund received as part of a 2020 return is subject to intercept by any authorized debt being collected by a government agency, including a state's child support agency. You can find more information on the IRS Recovery Rebate Credit page.

I am scheduled to receive payment from the Advance Child Tax Credit. Will DCSE intercept these funds?

No. DCSE will not intercept Advance Child Tax Credit payments.

Unemployment Benefits

I have been approved for unemployment benefits; will child support payments be withheld?

Yes, child support payments will be withheld from your unemployment benefits. You are responsible for the remainder of the support payment due each month, if the full amount of your child support obligation is not withheld from your unemployment benefits.

What is needed from me to have child support deducted from my unemployment benefits?

Contact us to keep us informed of your employment status and your unemployment benefits. We will automatically connect with VEC to inform them of your child support obligation.

What amount of child support will be taken from my unemployment benefits?

Depending on the amount of your child support obligation and the amount of your unemployment benefits, DCSE may withhold up to 65 percent of your total unemployment benefits. You are responsible for the remainder of the support payment due each month, if the full amount of your child support obligation is not withheld from your unemployment benefits.

Establishing Support Orders

How does DCSE determine how much support someone should pay?

DCSE uses the child support guidelines that are part of the Code of Virginia. The child support guidelines take into consideration the gross income of both parents, the number of other children being supported, the cost of medical/dental/vision insurance for dependents, and childcare expenses.

One parent has other children in the home; are they considered when the obligation is set?

Only if that parent is legally responsible to support the other children. DCSE will include biological and adopted children when establishing or reviewing a support order.

Is my current spouse's income considered in the child support guidelines to determine the obligation amount?

No, only a legal parent's income is included in the child support guidelines.

Are there reasons that DCSE cannot establish a support order?

Yes, there are times when DCSE is unable to establish an order. Some of the reasons include when paternity has not yet been established, when the noncustodial parent is receiving SSI or public assistance benefits, when the noncustodial parent is incarcerated or when the child is over age 18.

Will the order include arrearages for a prior time period?

The order will not include arrearages for a prior time period unless the child was receiving public assistance benefits.

Possible Fraudulent IRS Refund Intercepts

I recently learned that my personal information was used in a social media fraud scheme. How does this affect the refund payment on my case?

Intercept payments that are identified as potentially fraudulent or erroneous are placed on hold for further review. If your refund has been identified as fraudulent, notify DCSE by calling our Customer Service Center at 800-468-8894.

Certain payments that are possibly fraudulent or erroneous may be held beyond 30-days. You may check the status of payments by accessing your MyChildSupport Portal account online or by calling our Customer Service Center at 800-468-8894.

What should I do if I think the refund on my case is fraudulent?

If you believe that the refund on your case may be fraudulent, contact DCSE by calling our Customer Service Center at 800-468-8894. Customer Service will inform the district office so a determination can be made regarding the hold.

Virginia Taxpayer State Tax Rebates

Are Virginia Taxpayer State Tax Rebates subject to intercept?

Yes. Virginia Taxpayer State Tax Rebates are subject to intercept.

I am a noncustodial parent and eligible to receive a state tax rebate. Will DCSE intercept these funds?

If you owe arrears or a past due amount, payment received by DCSE from a state tax rebate will be applied toward amounts owed on your case.

I am a custodial parent and arrears are due on the case. Will I receive the noncustodial parent's rebate?

The noncustodial parent's state tax rebate is eligible for intercept if there is an amount owed on the case.

I am the custodial parent. When can I expect to receive payment from the rebate collection?

Payments received from the rebate intercept are applied in the same manner as other payments. DCSE will continue to observe normal payment processing timeframes.

Are state tax rebates treated differently than income tax refunds?

A state tax rebates are treated the same as an income tax refund and is subject to intercept on eligible cases.

I am a noncustodial parent and my rebate was intercepted. I don't think that I owe the amount listed on my case. What can I do?

For questions about your case and amounts owed, contact DCSE by accessing our MyChildSupport Portal, email at askdcse@dss.virginia.gov, or call us at 1-800-468-8894. Information about the one-time rebate can be found online here.

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