Understanding Virgin Islands
Child Support Laws

Established in 1975 the IV-D program is here to help custodial parents gain the financial and medical support from the non-custodial parents needed to take care of the child at hand. Every child has the legal right to receive financial support from his or her parents, whether the parents are separated, divorced or were never married. Child support enforcement services are available to any parent who needs assistance in establishing legal Paternity, child support, medical support, or enforcing support.

Establishing Paternity(Fatherhood)

Under U.S. Virgin Islands Child Support law, a father of a child born outside of marriage is not responsible for child support payments until paternity has been established. U.S. Virgin Islands Child Support law allows paternity to be established by a court or by having the father sign a Voluntary acknowledgment of paternity form that he is the father of the child. By law, if you sign the paternity affidavit, your name will be listed as the father on the child's birth certificate. If you are not married to the mother of your child at the time your child is born, the state is required to register the child with the mother's last name. If paternity is established by an affidavit, and the mother agrees, you can make sure that your child has your last name.

Who can use the Child Support Enforcement Program?

The Child Support Enforcement Program is a federal/state/local partnership to establish and enforce child support orders. It is sometimes called the IV-D Program because it was established under Title IV-D of the Social Security Act in 1975. Anyone who has custody of a child who needs child support from a non-resident parent can apply for U.S. Virgin Islands Child Support services. People who are on an assistance program - Temporary Assistance for Needy Families (TANF), foster care, or Medicaid - are referred to the U.S. Virgin Islands Child Support Program and get the services free. People who do not receive federal/state assistance can apply for services. States can charge an application fee of up to $25 and they can charge for the cost of providing U.S. Virgin Islands Child Support services.

Parent Locate

The biggest challenge in the U.S. Virgin Islands Child Support program is trying to locate and keep up with the non-custodial parents. The computer system has an automated interface systems with various other state agencies and all programs within the Department of Social Services. There is also an automated interface with the Federal Parent Locate Service. This service provides information on persons who receive Social Security or Veterans Pensions, and persons who work or contract with the Federal Government, including Military personnel. This service will find the non-custodial parent and get to the bottom of your case.

Questions and Answers

Child support is being collected but the State is keeping some of the money. Why is this happening?

If the state collects more in a month than is to be paid to the family for their current and past due support, the rest of the money can be used to repay the state and federal governments for cash assistance; AFDC or TANF, that a family received. Also, child support agencies can recover all or part of the costs of their services from people who are not in a cash assistance program. These can include the cost of legal work done by agency attorneys or the costs of locating a parent.

The non-custodial parent is receiving Social Security benefits. Can these benefits be used to collect child support?

When Social Security Administration (SSA) benefits have been assigned to someone (who has retired because of age or disability) the benefits can be attached for child support. Child support cannot be taken from someone's social security benefits until the person begins to receive benefits. A garnishment can be placed against a beneficiary's social security check to collect on a child support obligation even if the child has passed the age of majority. A court or administrator can order that the Social Security dependents benefits paid by SSA on behalf of a child replace child support. Until the order is changed, the state will probably have to continue to collect from the non-custodial parent.

Some states require that child support be paid in addition to the Social Security dependents benefits that the child receives. Supplemental Security Insurance (SSI) benefits cannot be garnished for child support. A judge/administrator might consider the income from SSI when setting child support.

My child's parent is doing all he/she can to evade his/her responsibility to support our child. Can anything be done?

While many parents pay their child support willingly, some do not. Liens and bonds may be available when wage withholding fails. Federal income tax refund offset may pick up arrears. Virgin Islands Child Support offices must periodically report child support arrears to the credit bureaus. Property can be seized and sold to repay child support debts.

States now have laws requiring employers to report newly hired personnel, and to suspend drivers, business and trade licenses of obligors who do not pay their child support. U.S. Virgin Islands Child Support Agency will jail child-support evaders and will require a parent who claims to be unemployed to show proof of a job search. If you are not working with the U.S. Virgin Islands Child Support Program to help you with your case then you might want to contact your State child support enforcement office for more information. You owe it to your child.

Enforcement Methods used to collect child support

Federal and state law's allows the U.S. Virgin Islands Child Support Enforcement Agency to deduct from a non-custodial parent’s paycheck. These deductions are taken out every time a non-custodial parent gets their pay check from an employer. The following are enforcement methods used to collect child support payments.

• Liens against real and personal property.
• Seize bank accounts, savings, bonuses, lump sum earnings
• Intercept state and federal Income tax refunds.
• Take a portion of unemployment compensation or workers’ compensation benefits.
• Intercept lottery winnings.
• Deny, suspend or revoke a driver’s license, professional license or any license obtained
• Revoke or Limit Passports.
• Require the parent to post a bond with the court.
• Order the parent’s employer to enroll the parent’s children in a health insurance plan.
• Transfer health insurance coverage for the parent’s children to a new employer if the parent changes jobs.
• File criminal actions against the parent.
• File citations of contempt of court in district or circuit courts when payments are not made.

Terms to help

Alleged Father

An alleged father is a man who claims or is claimed by another person to be the father of a child, but who has not been legally determined to be the father of that child.

Arrears

The terms arrears, and arrearage, mean support obligation amounts that are overdue and unpaid.

Income Withholding

Income withholding is the deduction of the current basic support, child care support, medical support, or spousal support obligation and arrears from an obligor's wages or other sources of income.

Medical Support

Medical support is the providing of health care coverage for a joint child by carrying health care coverage for the joint child or by contributing to the cost of health care coverage, public coverage, reimbursed medical expenses, and uninsured medical expenses of the joint child.

Contact information

Dept of Justice
Paternity and Child Support Division
8000 Nisky Center 2nd Fl Ste 500
St. Thomas, VI 00802
Phone: (340) 775-3070 ext. 3001

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