What happens if I can’t afford to pay child support?

In Virginia, if you are unable to pay child support, you must notify the court that you cannot pay and explain why. If your financial situation has changed, you can apply for a modification of your child support obligation. The court will consider the circumstances of your change in financial circumstances and may enter an amended child support order. In Virginia, when you fail to pay child support you may be subject to civil or criminal penalties. Civil penalties may include wage attachment, withholding of income tax refunds, passport denial, suspension or revocation of driver’s license or professional license, interception of funds from other sources, or attachment of property. Additionally, you may be held in contempt of court, or even be charged with a Class 1 misdemeanor. If you are unable to pay your child support obligation, you should promptly notify the court of your financial situation and request an adjustment. You should also document any changes in your financial circumstances. If you do not contact the court in a timely manner, you may find yourself subject to more serious penalties.

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