Legal Question in Family Law in Virginia

DCSE Gone Wrong

My husband is paying almost 2x what he should be paying n support due to DCSE creating a new order per mothers request for review. DCSE did not go by the guidelines as written in VA code because the new order does not adjust my husbands income for supporting 2 additional children (ours) and there is no reduction for ASO ordered health care coverage/cost to his monthly obligation. He goes to court in 3 wks to ask for reduction which clearly he is entitled to but my question is he had a zero balance before dcse's error now he is $1600 in arrears because of the increase from a ''bad order''. What are his chances, if he ask, of the judge restoring his arrears balance to zero since dcse failed to apply the guideline in the first place which started this nightmare? They knew of these factors from the paperwork that they sent him requesting this info and he hand delivered back to them BEFORE they did the review and we kept copies of what we submitted.


Asked on 5/11/09, 11:18 pm

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

Re: DCSE Gone Wrong

DCSE is subject to the jurisdiction of the court and

if its calculations are erroneous regarding your husband's child support obligation, the court will have the power to order correction(s) made (and retroactively applied if necessary).

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Answered on 5/12/09, 8:18 am


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