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If my child's father owes over $1,300 in back child support, can he go to jail?

Asked in Forest, VA - almost 2 years

If you are Behind more than $1,000 with back child support in the state of virginia, can you go to jail

Attorney Answers (1)

Susan Leslie Fraser

Susan Leslie Fraser

Warrenton Divorce / Separation Lawyer

Licensed in VA

Answered almost 2 years ago. In any case where the amount of funds appears to be excessive in the Court's eyes, a non-payor may be sent to jail. It is up to the judge, however, and is not mandatory. The father could also have any licenses issued by the Commonwealth of Virginia (CDL, Driver's license, license to run a business) suspended as well, but unfortunately in this day and age, arrearage of $1000.00 aren't seen as being 'that big': there are deadbeat parents out there who owe more than $50,000.00. Virginia's Department of Social Services Child Support Enforcement division works extremely hard, but there are thousands of these cases. Contact your Juvenile and Domestic Relations Court Clerk's office about how you will file a Petition with the Court to have him made to catch up the arrearages. Make sure you have copies of all payments he has made, or at least, some kind of log showing when he paid, how he paid, and the dates he has failed to make the payments.
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