How much back child support is a felony in Virginia?

How Much Back Child Support is a Felony in Virginia?

The question of how much back child support constitutes a felony in Virginia is a critical one for individuals struggling with child support obligations. Virginia law treats back child support as a serious issue, and failure to meet payments can result in severe legal consequences. In this article, we will explore the answer to this question, providing a detailed explanation of the laws and consequences of non-payment in the state of Virginia.

Felony Child Support Thresholds in Virginia

According to Virginia Code §20-61.1, if a parent is required to pay child support and intentionally fails to do so without a reasonable excuse, it is considered a misdemeanor offense. However, if the amount of unpaid child support exceeds $5,000, the parent’s failure to pay child support becomes a felony offense.

Consequences of Unpaid Child Support in Virginia

• Misdemeanor Offense (Amount owed < $5,000):

  • Fines up to $2,500 and/or confinement in jail for up to 1 year
  • Potential suspension of driver’s license, passport, and professional licenses

• Felony Offense (Amount owed ≥ $5,000):

  • Fines up to $5,000 and/or confinement in prison for up to 2 years
  • Mandatory minimum sentence of 5 days to 2 years in prison for subsequent offenses
  • Enhanced sentencing for amounts owed ≥ $10,000: minimum sentence of 10 days to 2 years in prison
  • Enhanced sentencing for amounts owed ≥ $20,000: minimum sentence of 1 year to 3 years in prison

Other Consequences of Unpaid Child Support in Virginia

In addition to the criminal penalties listed above, unpaid child support in Virginia can also lead to other consequences, including:

• Wage garnishment: up to 60% of wages can be garnished to collect child support
• Liens on property: property liens can be placed on real estate and vehicles to collect unpaid child support
• Income withholding: up to 60% of income can be withheld to collect child support
• Clerk’s fee: additional fees can be imposed on the parent failing to pay child support

Defenses and Options for Parents with Unpaid Child Support in Virginia

If a parent is struggling to make child support payments in Virginia, there are various defenses and options available, including:

• Cohabitation defense: claiming that the custodial parent is cohabiting with someone else, reducing their need for support
• Imputation of income: arguing that the other parent has a higher income than reported
• Modification of support obligation: seeking to modify the original child support order based on changed circumstances
• Payment plans and extensions: negotiating a payment plan or extension with the Commonwealth of Virginia
• Defenses to enforcement of support obligation: asserting valid reasons for non-payment, such as job loss or medical emergency

Conclusion

In conclusion, if you are a parent facing unpaid child support in Virginia, it is essential to understand the laws and consequences associated with non-payment. As outlined above, back child support exceeding $5,000 is considered a felony offense in the state, carrying significant legal consequences. If you are struggling to make payments or believe you have a valid reason for non-payment, consider consulting with an experienced attorney to explore available defenses and options.

Key Takeaways

• In Virginia, back child support is considered a felony offense if the amount owed exceeds $5,000.
• Failure to pay child support can result in fines, confinement in prison, and other severe consequences.
• There are various defenses and options available for parents struggling to make child support payments in Virginia.

Table: Comparison of Misdemeanor and Felony Offenses