PATERNITY AND SUPPORT
In Virginia, paternity and child support can be pursued in 2 ways:
-
You can open a case through the Division of Child Support
Enforcement (DCSE). In order to open a case, you need to
obtain an application at the local office, 903 Butler Farm Road,
Suite 110, Hampton, VA (757) 865-8080.
-
You can file a petition at the Juvenile Intake Office located at
300 Ballard Street, Yorktown, VA (757) 890-3480.
Paternity
- VOLUNTARILY ADMITTING PATERNITY
If a man has admitted to fathering a child, he may be
named as the father on the child's birth certificate. Or, he may
have signed a statement at the hospital when the child was born
acknowledging that he is the child's father.
If his name is not on the birth certificate and he has
not signed any statements, then he can still voluntarily acknowledge
paternity by:
a. completing an acknowledgement
of paternity with DCSE;
b. acknowledging under oath (in
open Court) that he is the father of the child.
There are certain situations in which the law presumes
that someone is the father of the child. For example, when a child
is born to a married couple, the law presumes that the husband is the
father of the minor child. Likewise, once a man signs a written
paternity statement under Oath, the law presumes he is the father.
A conclusive presumption also arises when the parties undergo genetic
testing (DNA tests) and the tests show a probability of paternity of 98%
or higher. Paternity can also be accomplished by legally adopting
a child.
Once paternity is established, both the mother and
father have rights and responsibilities. Among their responsibilities,
they may be obligated to provide financial support and health care
coverage for the child.
Steps to Establish Paternity and Child Support
Once a petition has been filed with the Clerk's Office
and a hearing date set, the parties will be served with a copy of a
summons, the petition and income information sheet, which must be
completed and brought on Court day.
On the hearing date, the parties will meet with a DCSE
representative to complete the support guidelines. This hearing is
scheduled for 10 minutes. The parties must notify the Court in
advance if they feel the case will take longer than 10 minutes.
If paternity has not already been established, the
respondent needs to tell the Court whether he acknowledges paternity or
whether he wishes to have paternity testing.
If the parties have a case with DCSE, that office (DCSE)
will initially pay for the paternity test. If he is excluded, he
will not have to pay for the test. However, if the man is found to
be the father, he will be required to reimburse DCSE (approximate costs
$39.50 per person, $118.50 total).
A typical test trio consist of the alleged father, mother, and
child.
Parties who do not have cases through DCSE can be
required to undergo testing that is arranged by the Court. If he
is found to be the father, he will be required to reimburse the Court
(approximate costs $70.00 per person, $210.00 total). If he is excluded, he will not have
to reimburse for the test, however the Court MAY require the petitioner
to reimburse the Court for the costs of the test.
Once paternity is established, the Court will send a
copy of the paternity order to the Bureau of Vital Records.
Once an order of support is entered, the Court can
order that payments be made directly to DCSE or by wage withholding
through DCSE. The Court can also require health care coverage for
the minor child.
- Definition of Income
- Income is defined in the Code of Virginia as income
from all sources and shall include, but not be limited to income from
salaries, wages, commissions, royalties, bonuses, dividends, severance
pay, pensions, interest, trust income, annuities, capital gains, social
security benefits, worker's compensation benefits, unemployment
insurance benefits, disability insurance benefits, veterans benefits,
spousal support, rental income, gifts, prizes or awards.
After the Support Order is issued
You may have to go back to Court if one of two
things occurs:
-
A motion to amend is filed. This would be
filed for some type of modification of the current order (increase,
decrease, change in insurance, etc). The person who is filing
the motion will have the responsibility to prove to the Court
that there has been a substantial change in circumstances since the
entry of the Order.
-
One party is not complying with the order (support
not being paid, insurance not in effect, etc.). In such
case, the person alleged to not be complying would be required to
show cause why he/she should not be found in contempt of Court.
If payments are being made through the DCSE, either
party may contact their office to file motions or motions for show
cause on their behalf. If the payments are direct pay, the motions
would be filed with the Clerk's Office.
*
Check
your child support case online - Child Support Services
|
