Ordinarily, child support is mandatory and enforceable under Virginia law, regardless of employment status. Temporary unemployment alone does not immediately suspend or reduce existing child support obligations.
However, substantial and material changes in circumstances can justify a modification of child support. To qualify for a modification of child support, you must demonstrate to the court that your unemployment is genuine, involuntary, and substantial, as described in Virginia Code § 20-108.
For example, unemployment resulting from layoffs, company downsizing, business closures, or similar involuntary circumstances often meets the legal standard. Conversely, voluntary unemployment or underemployment, where a parent quits work without adequate justification or deliberately reduces employment, is typically insufficient to reduce or modify child support obligations.
What If Someone Quits Their Job to Avoid Child Support?
One critical aspect of Virginia child support law relevant to unemployed individuals is income imputation. Virginia courts can impute (i.e., assume) potential income for any parent they believe is voluntarily unemployed or underemployed without reasonable cause. According to Virginia Code § 20-108.1(B)(3), the courts may attribute income based on the parent’s earning potential considering their education, training, previous earning history, employment opportunities available in their geographical area, and overall job market conditions.
For example, if a parent previously held a position with a significantly higher salary, a court may impute income at or near their known potential level. Consequently, the parent would be responsible for child support payments based upon the imputed income rather than actual, current income. Virginia courts generally encourage employment and discourage voluntary unemployment intended to evade child support responsibilities.
Bottom line, a parent cannot simply quit their job without justification to avoid child support. A judge will calculate child support based on the income that the parent ought to be making based on their job history.
What If Someone Loses Their Job? Can They Modify Child Support?
To alter child support payments, it is necessary to file a formal petition in court requesting modification pursuant to Virginia Code § 20-108. A successful petition should clearly demonstrate that your unemployment or income reduction is involuntary, significant, and has contributed directly to your inability to continue making payments as originally ordered. It is essential to provide substantial documentation, including proof of job loss, unemployment benefits award letters, employment termination notices, detailed financial statements, job search evidence, and any other supporting documents that establish your current financial status clearly and convincingly.
Further, modification orders are effective retroactively only from the date the modification petition was formally served on the other parent. Thus, promptly initiating court procedures to modify support after becoming unemployed can limit the accumulation of arrearages during periods of financial hardship.
Temporary Relief During Unemployment
In some cases, Virginia courts may issue temporary relief orders to reduce child support temporarily until suitable employment is obtained. While temporary modifications provide immediate financial relief, they typically include explicit requirements for continuous, good-faith efforts to secure comparable employment.
Furthermore, periodic income reviews and court-mandated reporting requirements may be implemented to monitor your employment status, ensure ongoing job searches, and ascertain whether further permanent modifications are dutifully justified.
Contact Our Child Support Attorneys
Facing unemployment while legally responsible for child support obligations may seem overwhelming. However, under Virginia law, despite being unemployed, child support responsibility continues until officially modified by court order. If you need help dealing with child support while you or a spouse is unemployed, contact our firm today for a free consultation.