Legal Question in Family Law in Virginia

Child Support

Recently the mother of my step kids stopped paying CS, she hasnt paid the last four payments. My husband tried to find out what was going on, but that didnt work. So he filed with DCSE to have it taken directly out of her check. However, DCSE can only take 65% of her check, which happens to be the monthly amt she owes for CS. They have told my husband that they can not take the dollar amt out for the arrears. Should he file a show of cause for the money ? Also, can we ask that she pay our attorney fees because of this..we have a court order for CS that she agreed to and signed. Should we give her a heads up and one last chance to make it right or should we just file with the court ? She lives in Colorado so it will be very bothersome for her if she has to fly back for court appearances so we are hoping that she just makes payments if we let her know we are willing to file against her.


Asked on 12/05/06, 1:18 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child Support

If the Division of Child Support Enforcement has taken over the case, there is a specific way that the collection and contempt of court proceeding happens.

Virginia is the receiving state and Colorado is the enforcement state. That means that the Virginia order will be enforced in Colorado where he lives. Colorado DCSE will haul him into a Colorado court to make him answer for his arrearage. This would actually be an inconvenience for you if you have to go testify. Generally the DCSE will prosecute without you unless the arrearge relates to an amount emassed before DCSE got involved. In that case your testimony about the validity of the arrearage amount and payments received would be necessary.

If the DCSE were not involved you could Show Cause him in Virginia and compel his attendance. Chances are he'd be a child support fugative if he doesn't show up.

The DCSE is right. They cannot assign an arrearage addition to child support unless there is a Court Order allowing them to do so or if the arrearage was emassed while the DCSE was collecting it.

Generally speaking, the Division sets its own Show Cause hearings - and they are typically very slow to act.

I'm not sure this information helps. My theory on collection is that two consistent months without explanation is justification for a Show Cause.

Good luck.

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Answered on 12/05/06, 10:37 pm


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