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cjonline · May 5, 2008, 06:44 AM

Ok I have another question…

Can the non-custodial parent’s attorney stop a case from being opened and support being collected by DCSE in Virginia?

What happened was we went back to court on April 10th. For lack of a better word, he lost and the child support was raised and to start on the 15th. He was mad and stormed out of court when we were done, my attorney told me to go to DCSE if there was a problem. On the 17th I got a check for the amount that was ordered however the check wasn’t signed. I called him but got no answer and he didn’t call back. I took the unsigned check and opened a case with DCSE. (I can’t remember if I ever mentioned it before but he always sends the support certified so I have to go to the post office and sign for it)

DCSE told me not to take any more support from him directly and they notified him that they were collecting it from now on.

I got a card from the post office letting me know I had a certified letter from him waiting for me. I called him about it. He said that his attorney got it all dismissed and he didn’t have to pay DCSE because there was no cause for me to open the case so he sent me the support. I called my worker this morning and she said they received a letter from an attorney and they filed it and they have not received any payments from him. She further stated that there was nothing in the letter about going to court it just stated that DCSE had no cause to collect the money and the case needs to be closed and that the NCP will pay the CP directly. She couldn’t tell me what if anything would happen next, other than DCSE would be in court if the case goes there but right now they are treating it as though he doesn't pay the support.

So I ask, does anyone know if my ex can stop the state from collecting the support for me? I was under the impression that NCP’s can’t stop a case if the CP wanted it.

GV70 · May 5, 2008, 07:25 AM

Originally Posted by cjonline

Ok I have another question…

Can the non-custodial parent's attorney stop a case from being opened and support being collected by DCSE in Virginia?

What happened was we went back to court on April 10th. For lack of a better word, he lost and the child support was raised and to start on the 15th. He was mad and stormed out of court when we were done, my attorney told me to go to DCSE if there was a problem. On the 17th I got a check for the amount that was ordered however the check wasn't signed. I called him but got no answer and he didn't call back. I took the unsigned check and opened a case with DCSE. (I can't remember if I ever mentioned it before but he always sends the support certified so I have to go to the post office and sign for it)

DCSE told me not to take any more support from him directly and they notified him that they were collecting it from now on.

I got a card from the post office letting me know I had a certified letter from him waiting for me. I called him about it. He said that his attorney got it all dismissed and he didn't have to pay DCSE because there was no cause for me to open the case so he sent me the support. I called my worker this morning and she said they received a letter from an attorney and they filed it and they have not received any payments from him. She further stated that there was nothing in the letter about going to court it just stated that DCSE had no cause to collect the money and the case needs to be closed and that the NCP will pay the CP directly. She couldn't tell me what if anything would happen next, other than DCSE would be in court if the case goes there but right now they are treating it as though he doesn't pay the support.

So I ask, does anyone know if my ex can stop the state from collecting the support for me? I was under the impression that NCP's can't stop a case if the CP wanted it.

Has he been ordered to pay CS through DCSE?
If the noncustodial parent contests the actions
Being taken by DCSE, an appeal process is available.

GV70 · May 5, 2008, 07:35 AM

If you have physical custody of a child or are owed support from when you did have physical custody of a child, then you can request DCSE's assistance

cjonline · May 5, 2008, 07:54 AM

I have physical custody of both our children and a support order was just adjusted on the 10th of April. It was ordered to be paid directly to me but I was told by the judge and my attorney to go to DCSE if there was a problem. It was clear in court to everyone that there was going to be a problem.

Would he appeal the taking it to DCSE or the increase of the support? (how do you even appeal the increase in support) If he appeals the DCSE part do we go back to JDR (lower court that we were just in) or is it like an appeal of a ruling and he has to have case law to show I don't have the right to go to DCSE? They opened a case -- doesn't that prove that I have a right to go to them?

The whole thing is stupid to me. If he pays DCSE he can save $120 a year in postage, let alone the time it takes to mail it certified every two weeks. Not to mention he's not paying the support (sending me checks that are not signed is not paying the support). I don't get why he won't pay DCSE. If you have to write the check and send it to me why not just write the check and send it to them? His answer he doesn't want to and he doesn't have to.

What can I do? I don't have the money to get an attorney and fight this, and I don't have the money to pay it all myself any longer.

ScottGem · May 5, 2008, 08:00 AM

To first answer your question, no the attorney can't get something dismissed without a hearing to which you would be invited. So basically the attorney letter was just blowing smoke. Your DCSE case worker told you that they were considered the case as him not paying the support.

What you need to do is pressure the case worker to take the next step. I'm not sure what that next step would be, but it would probably be garnishment of his wages, or maybe a warning that if he doesn't comply, then his wages would be garnished.

GV70 · May 5, 2008, 08:09 AM

As of July 1998, Virginia law requires that all income withholding orders for child support direct payments to DCSE. In order for DCSE to be able to process your payments timely and accurately, it is essential that DCSE have a copy of your court order and the payroll deduction order. You may also be eligible to apply for DCSE services. Applying for DCSE services will allow DCSE to take action to collect support if payments stop, rather than just being a record-keeper. Please make sure the court has sent DCSE a copy of your orders. For additional information, call (800) 468-8894.

cjonline · May 5, 2008, 08:24 AM

I gave them a copy of the order and all past orders when I opened the case. In fact my worker stated they sent one with the letter as "proof" that its not to be paid to them but directly to me.

I know that he has not told his attorney that he is not paying the support, who would right? And his attorney is the type that drags it out for months and months. My ex paid all the back support in court on the 10th to avoid it being ordered to DCSE then and there. I know he will go months without paying and I don't want to deal with it. Isn't it my right to be able to do this?

ScottGem · May 5, 2008, 08:28 AM

Originally Posted by cjonline

Isn't it my right to be able to do this?

Do what? You have a right to the support that the court ordered. DCSE is there to help enforce that court order. You have a right to talk (badger) your caseworker to collect on the court order. What else do you want?

GV70 · May 5, 2008, 08:29 AM

Originally Posted by cjonline

...and his attorney is the type that drags it out for months and months.

Do not forget-he/she is an attorney:D

Originally Posted by cjonline

isn't it my right to be able to do this?

It is your right.
Once more-call (800) 468-8894.

cjonline · May 5, 2008, 08:54 AM

Thanks.

I was mixed up. My ex said that I didn't have the right to go to DCSE to have them take over the case he said that I have to have cause and I don't. I know that my ex doesn't always say what is going on correctly but he was very sure about this and my worker said nothing really because nothing is happening with the case, he's not paying them.

I called the number and all they say is that steps are being taken to get the support that is due on the case.

I was just wondering if anyone has heard of the NCP going to court and having the judge say they don't have to pay the support through DCSE they can just pay it to the CP when the CP wants it paid to DCSE.

ScottGem · May 5, 2008, 08:58 AM

We already answered this. By him sending you an unsigned check, he violated the suppoort order. That gave you the right to go to DCSE to collect the support you are owed. He can say anything he wants, but that doesn't change that fact.

It is possible that a judge might make that ruling, but not without hearing from you first.

cjonline · May 5, 2008, 10:53 AM

Thank you... that is what I though, but I wasn't sure. The way he was talking scared me a little.

JudyKayTee · May 5, 2008, 11:02 AM

Originally Posted by ScottGem

We already answered this. By him sending you an unsigned check, he violated the suppoort order. That gave you the right to go to DCSE to collect the support you are owed. He can say anything he wants, but that doesn't change that fact.

It is possible that a judge might make that ruling, but not without hearing from you first.

Right, your X has now violated and so it's out of his hands. As far as taking you back to Court or whatever else he said - ever get the feeling he lies? :D And he's in violation - so I have no idea what his argument is going to be.

In NYS at least if there are problems and the case worker is overworked or under enthused or whatever you can go back in the Judge will order support through DCSE.

cdad · May 5, 2008, 03:53 PM

Originally Posted by GV70

As of July 1998, Virginia law requires that all income withholding orders for child support direct payments to DCSE. In order for DCSE to be able to process your payments timely and accurately, it is essential that DCSE have a copy of your court order and the payroll deduction order. You may also be eligible to apply for DCSE services. Applying for DCSE services will allow DCSE to take action to collect support if payments stop, rather than just being a record-keeper. Please make sure the court has sent DCSE a copy of your orders. For additional information, call (800) 468-8894.

Ok what you really need to look at is what the order says. Don't just go by what caseworkers tell you ( its their living to mess up most things they touch ). As GV70 pointed out and its clear what the law says about where CP is to be paid. But that's only if there is a income witholding order. If your being paid by a different method then he may have a valid point in paying you through certified mail. What he pays for mail isn't your concern.. its getting the proper amount of child support paid. You need to check if there is a witholding order or not. Once you find out then you will know how to proceed.

cjonline · May 5, 2008, 04:32 PM

I don't have a withholding order. It was ordered to be paid to me via personal check or money order and the new amount was to start on the 15th. However on the 18th, three days late, he sent me a check for the amount but it wasn't signed. I called him and he didn't answer nor did he call me back. He stated, in front of the Judge and our attorneys, that he wasn't going to pay "one cent more". At that time the judge and my attorney told me to go to DCSE if there was a problem. I went, to me not signing the check is a problem and DCSE opened a case.

I called him on the 3rd because he sent me support, via certified letter and I was told by DCSE not to collect the support myself. I wanted to make sure he was notified that the case was with DCSE.

At that time he told me I had no cause to send it to DCSE and his attorney was "getting it dismissed" therefore he was sending me the support. I called my case worker and she said not to get the support, it was to be sent to them not me. I called the Clerks office and they said to get the support and take the check to the main DCSE office so they can credit the account. The also told me that so far no case in the court has been filed by my ex. So I know that his attorney sent a letter to DCSE and told them to close the case but has not filed any paperwork with the court to get it "dismissed".

So far he has missed two support payments. My worker told me that they will go on like they would any other case until they get papers from the court. I only asked because I haven't heard that a NCP and get it so the CP has to keep going back to court and they can't use DCSE for help collecting the support. I was wondering if any one else had. (I was explaining, not asking again)

cdad · May 7, 2008, 11:47 AM

It sounds to me like just another case of DCSE overstateing their powers. If the court order says its to be paid directly to you then they ( DCSE ) need to open a case and get a wage garnishment through the proper channels. That way its all documented and approved by the courts.

" quote : I called him on the 3rd because he sent me support, via certified letter and I was told by DCSE not to collect the support myself. I wanted to make sure he was notified that the case was with DCSE.

I called the Clerks office and they said to get the support and take the check to the main DCSE office so they can credit the account. My worker told me that they will go on like they would anyother case until they get papers from the court. : end quote "

Those statements run in direct conflict with each other leading me to believe they don't have a clue and are working in a grey area. Ask them to open a case and get a wage assignment. Then you can get their full support otherwise it's a slippery slope and if his lawyer is how you say he is he could defer payments for months stating you refused them.

Do Not depend on just dcse to get it done right.

cjonline · May 7, 2008, 03:39 PM

I opened a case and they sent him the paperwork telling him to start paying them the support. He can miss or be late for three payments then they start paperwork to start drafting his pay check. He does get the chance to pay them himself first.

My ex doesn't want to pay DCSE and feels he doesn't have to if he doesn't want to. If he misses one more payment then they will take him to court for the drafting of his pay since he won't pay the support of his own free will.

He called me yesterday and left me a voice mail to tell me that he put a stop payment on the support check he sent and he will wait until the courts tell him who to pay before sending anymore. He doesn't want me to get any "gifts" or "extra payments" and him not get credit for paying the support. So I guess we go to court and let the judge order it to DCSE. I just don't know how to deal with that mentality.