Legal Question in Family Law in Virginia

I am a father of two children with the same mother.Our divorce order was in Jan. 2002.

In the past few years I have had employment problems and have gotten behind in support.

In June 2009 I was given custody of my oldest child because he was getting in trouble.

The DSS Va. has been collecting my support payments and at the time my son came to stay with me I was behind $16000.00. At this time I asked for a review to modify the support order to reflect custody and the fact that I was laid off from work. From June until now I have gotten letters saying the review was in progress only to get a Show Cause Summons 9 months latter. Is this the review? Why was the childrens mother not summond? What can I do to help my case? I did find an error in the support order were it says person responsible for support, it has my sons name not mine can this help me?


Asked on 3/15/10, 3:23 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If at all possible, you should hire an attorney who is familiar

with the workings of DCSE and the Virginia Child Support Guidelines

to represent you in these matters. (The Show Cause Summons is not merely

for a review of your situation but to enforce arrearages that have accrued.)

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Answered on 3/20/10, 6:40 am
sheryl shane sheryl shane, attorney at law

I know it is expensive to hire an attorney but if you had in the past ...she or he would have advised you to file a modification based on best interest of child and change of circumstances.

At this point the court can actually throw you in jail for failure to pay. There may be numerous court dates regarding this matter. Good luck. Attorney Sheryl Shane

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Answered on 3/21/10, 9:36 am


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