Legal Question in Family Law in Virginia
questions about how DCSE works
I was in court recently for the fourth time in a year, about my ex's contempt charge for not paying child support. There will be a fifth hearing in August. I think the judge said the case will be depositioned(?) then. He told my ex he would have to pay the arrears & start paying monthly, or go to jail. I was originally subpoened, but I have not been asked any questions since the second hearing when they did a review. I just sit there, missing time at work. Question #1 --Do I have to keep going to these hearings? Could a family member go in my place?
Also, I'll be moving within the state just about the time of this next hearing. When I change my address, will my DCSE case move to the new district? What happens if there is yet another hearing on the contempt charge? I expect my ex will appeal to his parents for the money, and they might hire a good defense attorney for him.
One more question: DCSE is holding my ex�s tax refund for 6 months. I assume he�ll have court costs for the contempt charge and he also has a judgment for county property taxes. Will the court and county get �first dibs� on the refund?
1 Answer from Attorneys
Re: questions about how DCSE works
Whether you need to appear at further court hearings is a decision for the DCSE attorney prosecuting the case. A family member, however, could not appear in your place if you're required to be there.
If you move to another part of Virginia, your child support case will likely follow you to the DCSE district office nearest to your new residence.
If DCSE is holding the obligor's tax refund, those funds represent child support and should be paid over to you and not to any other governmental entity to satisfy debts which the obligor may owe them.
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