In Virginia, once an order of support is entered, any unpaid support becomes a judgment by operation of law each month that it goes unpaid. Judgment rate interest at 6% per annum accrues on the unpaid judgment until it is satisfied. What should one do if they have a valid order requiring payment and are not getting paid? In some certain circumstances, it may be possible to collect the unpaid support and interest from the payor’s retirement savings. The process, although complex, can lead in some circumstances to significant recovery.
Allow our office to assist you with determining if you are eligible for this recovery. In some circumstances, a Qualified Domestic Relations Order (QDRO) can be entered with the Court requiring funds from a 401(k) or other retirement account to be paid to the support recipient to satisfy past due support. Unpaid support is subject to certain limitation periods for collections which may be extended in certain circumstances. Do not allow too much time to pass before taking action on collecting your arrears.
Written by Attorney Kelly Roberts
To schedule your initial consultation, call 434-973-7474 or contact us online. Our offices are conveniently located in Charlottesville, Palmyra, Harrisonburg, and Staunton.
