Legal Question in Family Law in Virginia

Child Support Case being closed against my wishes

I'm the custodial parent of a 9-year old child. I have a child support case in VA and the non-custodial parent has been in arrearage for the past five years. His passport is now frozen and he has since made some payments to resolve this issue. I just found out that the senior case worker is recommending closure of the case to help him return to the U.S. I do not want the case to be closed since he (non-custodial parent) has not come up with an alternative for support. Can they (Dept. of Child Support Enforcement) unilaterally close this case without my consent?


Asked on 7/26/02, 3:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support Case being closed against my wishes

Yes, DCSE has the administrative authority to close out their particular case which derives from your child support order. However, that in no

way means that they have the authority to dismiss

or nullify your order with its attendant arrearges. Only the court can do that.(This assumes, of course, that you had a court order,

originally.)

Your order with its arrearges will remain enforceable but you will have to secure other means to collect it(outside the Division of Child Support Enforcement).

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Answered on 7/27/02, 12:13 pm


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