What is the process for enforcing a child support order?

In Virginia, enforcing a child support order involves four steps. First, the obligor, or person owing child support, must make regular payments according to the terms of the court order. If the obligor fails to make these payments, the custodial parent may take action. Second, the custodial parent can file an enforcement action with the court that issued the original support order. The court may order the obligor to appear and explain why he or she has not paid the child support. At this point, the custodial parent can also ask the court to add interest to the delinquent payments and even require the obligor to pay for the cost of the enforcement action. Third, if the obligor does not appear in court or explain why the payments were not made, then the court may issue a show-cause order. This order requires the obligor to appear in court and explain why he or she failed to make the payments. If the obligor does not appear, the court may issue a default judgment against the obligor. Fourth, if the court finds the obligor to be in contempt of court, it may take a variety of steps to enforce its order, such as garnishing wages, seizing assets, or placing liens against real or personal property. The court may also refer the case to the local department of social services for further action. Enforcing a child support order is a lengthy process that can take several months or more to resolve. If you are having trouble collecting payments, it is important to contact an experienced family law attorney in Virginia who can guide you through the process.

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