Losing your job can feel like the rug’s been pulled out from under you. Bills, rent, groceries — everything piles up fast. But when you’re a father under a Virginia child support order, one question usually hits first:

“Do I still have to pay child support if I’m unemployed?”

The short answer: Yes.

Virginia law prioritizes the child’s right to financial support, even when one parent’s income changes. However, there are ways to reduce, modify, or temporarily adjust what you owe while you get back on your feet.

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Understanding Virginia’s Child Support Laws

Child support is a legal right of the child — not a punishment for the parent. Under Virginia Code §§ 20-108.1 and 20-108.2, both parents must contribute financially, regardless of who has custody or whether one parent is unemployed.

The law assumes that every parent can contribute something. Even if you’re not working, the court expects you to make a good-faith effort to earn income and support your children.

What Happens When You Lose Your Job

If you lose your job or experience a significant reduction in income, your support order doesn’t automatically stop. You must continue paying the amount ordered until the court officially modifies it.

Failing to pay child support — even temporarily — can lead to arrears (past-due support), wage garnishment, or legal enforcement actions. If you receive unemployment benefits, those may also be subject to child support deductions.

How Imputed Income Works

Virginia courts use a concept called “imputed income.” If the court believes you’re able to work but choose not to, it can assign you a hypothetical income — often based on what you earned previously or what someone with your skills could be earning now.

Judges look at:

  • Your work history and earning potential
  • Education and job skills
  • Job availability in your area
  • Whether your unemployment is voluntary or unavoidable

If the court finds that you’re voluntarily unemployed or underemployed, it will calculate support as if you still earn your previous income.

Minimum Child Support Obligations

Even with no income, Virginia law sets a minimum support requirement. For example:

  • One child: approximately $68 per month
  • Two children: around $104 per month
  • Three or more: progressively higher

These minimums ensure that the child receives at least some financial support, even if the paying parent has no income at the moment.

How to Request a Modification

When your financial circumstances change substantially, you can ask the court for a modification of your child support order. To qualify, you must show a “material change in circumstances.” This might include:

  • Job loss or layoff
  • Disability or long-term illness
  • Major reduction in wages or hours

Steps to file for modification:

  1. Contact your attorney or the Virginia Division of Child Support Enforcement (DCSE).
  2. File a motion to modify child support in the appropriate court.
  3. Provide proof of unemployment or reduced income.
  4. Attend your hearing with documentation of your financial hardship.

The modification will apply from the date you file, not from when your income changed — so act quickly.

Common Mistakes Fathers Make

  • Stopping payments without a court order. This leads to arrears and penalties.
  • Ignoring notices or hearings. Skipping court can result in contempt charges.
  • Underreporting income. The court can still impute a higher figure.
  • Failing to seek work. Judges expect visible job-search efforts.
  • Avoiding legal advice. Without a knowledgeable attorney, it’s easy to make costly mistakes.

Failing to meet your child support obligations can trigger severe enforcement measures in Virginia, including:

  • Wage garnishment (up to 50% of your paycheck)
  • Suspension of your driver’s license
  • Tax refund interception
  • Liens against property or bank accounts
  • Jail time for willful nonpayment

Support debts can’t be erased through bankruptcy and may accrue interest until fully paid.

How to Prove Financial Hardship

The more evidence you provide, the stronger your case for modification.
You’ll need:

  • Proof of job loss (termination letter, unemployment claim)
  • Records of your job search (applications, interviews, rejection letters)
  • Financial statements showing reduced income
  • Medical or disability documentation (if applicable)
  • Testimony or references verifying your efforts to find work

Being transparent and proactive helps establish good faith in court.

Protecting Your Rights as a Father

Being unemployed doesn’t define your ability to be a responsible parent. What matters is how you respond.

  • Communicate with your child’s other parent and with DCSE.
  • Keep paying what you can, even partial payments.
  • File for modification as soon as circumstances change.
  • Stay active in your children’s lives — emotional involvement matters too.
  • Keep records of every payment, filing, and interaction with the court.

The more consistent you are, the stronger your position becomes.

How The Firm For Men Can Help

At The Firm For Men, we’ve represented countless fathers across Hampton Roads — Virginia Beach, Norfolk, Chesapeake, Newport News, and beyond — who’ve faced financial hardship and child support disputes.

Our team helps you:

  • File for child support modification
  • Challenge unfair imputed income calculations
  • Negotiate manageable payments
  • Present clear evidence of your financial reality

You don’t have to face this alone. Call (757) 383-9184 today to schedule a confidential consultation.