Legal Question in Family Law in Virginia

Child support Arrears

My ex is in arrears $4000 on child support. In spite of a new modification order and a new garnishment order with DCSE, I have not received a cent since last May. I suspect he is still in the northern Virginia area and that he has another job, but we have no contact whatsoever. I am now engaged, and hope my fiance can adopt my children, but that is at least 2 years from now. I don't want to file contempt charges on my own because of the stress involved. Three questions: how long before DCSE files their own contempt charges? Will I have to go? If there are still arrearages after the children are adopted, could I still have a case with DCSE?


Asked on 1/19/06, 11:01 am

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child support Arrears

Three questions: how long before DCSE files their own contempt charges?

Pretty long, although they're supposed to review all thier arrearage cases every six months. You expect a governmental agency to move faster? You're better off bringing it yourself if you want him to answer to a Judge this year. You have to set the case on a DCSE day anyway so they'll be there to provide the evidence to the Judge.

Will I have to go?

Yes. DCSE will subpoena you too and women get show-caused all the time for contempt of court when they dont show up.

If there are still arrearages after the children are adopted, could I still have a case with DCSE?

You potentially an have a case with DCSE as long as there are arrearages.

Adoption is complicated unless he's a total loser and not in the child's' life at all. Adoption isnt half as hard as divesting a parent of their parental rights which is necessary unless he gives it up voluntarily.

In any case, good luck.

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Answered on 1/19/06, 10:55 pm
Brian Miller Brian M. Miller, Attorney at Law

Re: Child support Arrears

Hard to say how long child support enforcement will take. You will have to call them to get a time estimate. Yes you would have to go as your testimony is needed to establish contempt. Yes as long as there are arrearages you have a case for contempt.

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Answered on 1/19/06, 11:07 am


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