Legal Question in Family Law in Virginia

DSS vs. Court Order

My ex-wife abused our 4 children and SC DSS took them away from her. I do not have proper living arrangements to take them at this time. 3 of our kids live with my sister, and I have taken the court ordered child support payments and divided it by 4 and have been sending 3/4 of it to my sister. DSS tells me to send the last 1/4 to my sister, although she does not have custody of him, and he is in a different county from my other 3 in South Carolina. Should I send the last 1/4 child support to my sister or should I put it aside until the court order is changed to say I should send it elsewhere? Currently the order specifically says to send child support to my ex. I'm scared to violate it but DSS will not give me anything in writing... it's all verbal. And that makes me uneasy. Oh; the court order is in Virginia and it's SC DSS that's got legal custody of my kids. Thank you in advance for your help!!!


Asked on 1/24/09, 4:51 pm

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

Re: DSS vs. Court Order

South Carolina DSS has no authority to modify a Viginia child support order. You should file a motion ASAP with the Virginia court that issued the order for a modification in the designated payee(s), which should either be the South Carolina DSS which apparently has custody of all the children or the persons who are now caring for them, depending upon the preferences of the court (if any).

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Answered on 1/24/09, 7:07 pm


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