Legal Question in Family Law in Virginia
Amending Divorce Decree for Support
Before I got divorced, I got a child support order through the Dept. Of Support. When my lawyer did my divorce he used my separation agreement and just copied it for my divorce decree. He told me we didn't have to change the wording of the child support (it said $500/mo) because the child support order was already in place. My ex got a review of the case and my child support got knocked down from $746 back to $500 because they said the divorce decree supercedes the child support order. The Child Support office has denied my request for another review and told me to file a motion with the courts. I really don't trust another lawyer at this point, and am financially unable to get one anyway. Do i file a motion to amend my divorce decree, or through Juvenile and Domestic court to get support? I'm a little perplexed. Thank you.
1 Answer from Attorneys
Re: Amending Divorce Decree for Support
The part of your divorce decree having to do with support, custody, and visitation should be transferred from the circuit court to the Juvenile
and Domestic Relations District Court(J&DRDC).(This should've been in the original decree when it was filed.) Once these parts are within the jurisdiction of the J&DRDC, you then can go in to that court and file your own motion for the increase in support using a court form.
One of the DCSE attorneys should be able to prepare the papers necessary for this transfer.
Remember to emphasize that you are not asking for a review or for DCSE to file a motion but to modify your current divorce decree so that you can file your own motions having to do with custody, visitation, and support.
P.S. Your lawyer flubbed the job when he told you
that the wording of the decree did not have to be changed since a prior child support order was already in place at the juvenile court. Once the
divorce decree was effective, it then took precedence over the juvenile order and whatever it specified with respect to child support ($746, apparently).
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