Legal Question in Family Law in Virginia
The State of Virginia has sent my current employer a request to garnish my wages. The problem is they are currently taking my court ordered child support from my retired military pay. I called the VA DCSE and asked why they were doing this. They said I had changed employers. I informed them that I had been with my current employer for 5 years and that they were already taking child support from my retired military pay. They told me they would send notice to my case worker and that it would take 3 to 7 day for the case worker to respond. In the mean time they are taking double the court ordered support. I would like to keep this from hapening again to me and to any other person paying support. Should they not first have checked to see what my account was doing. Should I not get notice before any action takes place? This is an incompetnet state process. I would like to take class action against the state. Can this be done.
1 Answer from Attorneys
Class action, you propose, against the soverign entity known as the
Commonwealth of Virginia. No, I don't think so (at least not on these facts).