Legal Question in Family Law in Virginia

I am in virginia and go through DCSE for collecting child support from my ex husband because he went two months without paying and pays at random times. We had a court order that he would pay 806.00 plus arrearages starting August 1, 2014. In October 2014, we came to an agreement to lower the child support to 670.00 per month, he paid the arrearages and I signed a quit claim deed to the house we co owned. He stopped paying child support as soon as we signed the agreement, so after two months I went to DCSE. He was quick to put the house into his name in October, 2014, however he never had the agreement we had written up by our lawyers entered into court so DCSE has been only able to use the court order from August. I called and told him about having the agreement signed and entered into court by the judge and even offered to do it for him. Four months later it is still not done. He recently sold the house and had to pay 4000.00 to Dcse (me) for what they showed in arrearages. All so he could make his credit look better to buy another house. Now he is calling me and telling me I have to pay it back right away. I told him he had to go through dcse. He still has not filed the agreement. He said DCSE said they don't refund money and that he could file a civil suit against me to get the money back. DCSE does not show that he has overpaid, they show he is current. Can he sue me? Will they not credit his account once he files the agreement? I tried several times to get him to fix the amount with dcse and he hasn't. What should I do?


Asked on 5/31/14, 12:26 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I assume you mean the year 2013 rather than 2014 in most of the dates you've referenced in your question.

And, yes, your former husband could sue you since anyone can sue for almost

anything, but if DCSE has a record which shows that this $4K which

it collected from him and paid to you as legitimate arrearages which were

owed to you, this would be suer's case against you would very likely be

summarily dismissed by the court in which it was filed (in my opinion).

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Answered on 6/01/14, 7:52 am


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