Legal Question in Family Law in Virginia
child support issues
My ex-girlfriend and I separated one year after the birth of our daughter. She initially got custody with a support order. Two years later the ex, her new child and my daughter moved back in with me. I continued to pay her support for the next year at which time she left again, this time leaving my daughter with me and am agreement was filed with the court changing custody. Two years later, I was incarcerated for one year, at which time my mother was granted temp custody. At the time of my release, the courts gave custody to my ex. Now I am being garnished for child support arrearages. DCSE claims the original support order can be reinstated without going to back court. The ex has been on tanif and welfare this entire time (since before my child was born)now has another child and receiving for all 3 kids and herself. I never asked the courts for support while I had my child. Nor did my mother received anything from her and she had her for over a year. What do I need to do to stop this garnishment and to straighted out what I should owe for support now. I don't have a problem supporting my child but this is crazy supporting her twice basically. Please let me know if there is something I can file to stop being robbed by her.
3 Answers from Attorneys
Re: child support issues
You should request to talk with the attorney and enforcement agent(child support enforcement investigator) representing DCSE to see whether the arrearages can be negotiated to a lesser amount. You will need to be able to show on a month by month basis exactly what you may have contributed in support for any period for which you are seeking a reduction.
Public welfare payments in behalf of a child by law create a debt due and owing on the part of the person responsible for the support of the child. Unless this person can adequately demonstrate that he possessed a disability or was under a condition which might legally excuse him from having to pay during the time periods in question, he will owe a fully enforceable debt to the Commonwealth which can be collected not only through a garnishment, but other methods as well.
Re: child support issues
At the end of the first paragraph of my previous answer, I should also have added that for any period for which you are seeking a reduction in the arrearages based upon your incarceration or other condition which impaired your ability to pay support, you will need to show credible proof of this condition. My understanding is that DCSE has considerable discretion in adjusting arrearges owed by a responsible person to the state as reimbursement for public assistance payments paid for his or her child and hopefully this agency will consider exercising such discretion in your particular situation.
Re: child support issues
If you never terminated the support order to her - it's still good and always was. "An Order is an Order until it's changed by an Order" You may get sympathy from the Judge on arrears so that you dont get jailed or held in contempt of court for the time period that you actually had your child living with you, but if youve never changed the Court Order - you owe all back support. If the Order was terminated then DCSE is wrong - there needs to be a new Order.
Good luck.
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