Legal Question in Family Law in Virginia
I have been paying child support since the day the courts ordered it, but nearly 6 years ago for insurance my joint and the mothers primary went to the grandmother. So the grandmother and the mother have joint custody split with the grandmother holding primary custodial custody. The grandmother did not request any support be paid to her during that court hearing what so ever, well 6 years later the courts still never notified DCSE that the mother recieving the support was non custodial parent and that she should not be recieving money. I had a talk with DCSE finally today, I got a new worker and she actually listened to me after all these years, told me to bring the order in saying the mother is not primary custodial parent and they will take care of it. They said they were never informed there was a change... I do not understand that how the courts didnt inform child support enforcement that the mother was the primary custodial parent anymore but thats what they are claiming. The grandmother never stated in court that she wanted to recieve child support, and with the change of custody there was no new child support order put into motion which wouldnt there have to be since it was a new person in charge of her care? But no for 6 years almost now I have been paying support in my exs name the case is still in my exs name not the legal custodial parent. Even DCSE said that I shouldnt be paying it to here and my ex even tried to take me to court last year for more money!! I want to know if I get a lawyer or even do it myself can I be reimbursed the $15,000+ since there was technically no legal order stating I was to pay anything at all?
1 Answer from Attorneys
Better hire a lawyer who knows something about Virginia domestic relations law
and the operations of DCSE rather than trying to handle it yourself.