What is the difference between an administrative and court order of child support?

In Virginia, an administrative order of child support is issued by a state agency called the Division of Child Support Enforcement (DCSE). This type of order is based on Virginia’s child support guidelines, which are established by the legislature and consider both parents’ incomes and the amount of time each parent spends with the child. DCSE may also consider other factors, such as each parent’s expenses and assets, when issuing an administrative order. A court order of child support is issued by a judge in family court. In court, all relevant evidence is presented and considered before a judge renders a decision and issues an order. This type of order allows more flexibility in setting the amount of child support, as the judge may consider additional factors such as each parent’s financial resources, the needs of the child, and the paying parent’s ability to pay. Unlike an administrative order, the judge may deviate from the child support guidelines if the circumstances warrant it. An administrative order of child support is usually the fastest way to get a child support order in place. However, if the parents wish to make modifications to the amount of support, they must do so through the court system. Both types of orders are legally binding and failure to comply with an order can result in serious consequences.

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