How to Appeal a Child Support Order in Virginia
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If you disagree with a child support order, you can appeal it. But the deadline is very short. You must act within 10 days. How you appeal depends on where the order came from.
Appealing a DCSE order
The Division of Child Support Enforcement, called DCSE, can issue a support order on its own without going through a court. This is called an Administrative Support Order, or ASO.
- If DCSE issues an ASO, you have 10 days from the date you were served to object in writing.
- An administrative officer will hold a hearing.
- If you are not happy with the outcome of that hearing, you have 10 days to file an appeal in the JDR court.
Appealing a JDR Court order
If a judge in the Juvenile and Domestic Relations Court (JDR) issued your order, you can appeal to the Circuit Court. You must file within 10 days of the court order.
A Circuit Court appeal means a completely new hearing, called a "trial de novo." The case starts fresh, as if the first hearing never happened.
An important thing to understand: an appeal does not guarantee a better outcome. The new judge could order the same amount, or even more.
Talk to a lawyer before you decide whether to appeal.
What if I just disagree with the amount?
If your situation has changed since the order was issued, appealing may not be the right move. Instead, you may want to file a Motion to Amend to change the order going forward.
Read more: How to Change Your Child Support Order in Virginia
What if I missed the 10-day deadline?
If you miss the deadline, you lose the right to appeal that order. The order stays in effect.
You cannot go back and appeal after the deadline passes. If your circumstances change significantly later on, you can file to change the order at that point.
Does an appeal affect what you already owe?
No. Appealing does not erase unpaid support. Back support, called “arrears,” cannot be reduced or discharged, even in bankruptcy.
Read more: What Happens When Child Support Isn't Paid
Key deadlines
The appeal deadline is 10 days across the board. You have:
- 10 days to object to a DCSE order in writing from the date you were served
- 10 days to file an appeal of a DCSE hearing decision to the JDR court
- 10 days to appeal a JDR Court order to the Circuit Court
These deadlines are strict. If you think you want to appeal, do so right away. You don’t need a lawyer to appeal, but it may help. If you decide you want one, contact a lawyer right away. File the appeal first, so you don’t miss the deadline.
Where can I get free legal help?
- Find your local legal aid office. Visit virginialawhelp.org/get-legal-help or call 866-534-5243.
- Ask a lawyer a question online: virginia.freelegalanswers.org.