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Bradshaw0506 · Oct 20, 2008, 08:17 AM

:confused:

So, my ex and I have agreed to leave things alone. There are no struggles of child support back and forth, and the kids are fine with going from one of us to another but something came in the mail last week...

I get a letter from the VA DCSE in Portsmouth, VA saying I owed arrears in excess of $28k! For what? No one filed for it.

A little back story, when we split it wasn't pretty and when the divorce was filed she immediately got a support order which she & I both forgot about. A year after the filing I get a letter saying I was to pay back child support... I paid it at the time because she & I weren't on good terms. Now its okay, and I know she hasn't filed for more.

So my question is, does DCSE just make up their own administrtaive orders? Do they go back and figure out that what I paid was calculated wrong and decide I owed more, they only made me pay the minimum ($65)? The letter basically says I owe back support, nothing current and that in the future all of my federal tax returns will be intercepted.

I was never formally served paperwork, how do I owe anything? I look up the cause on their web site and see that "I" have no balance owed, but my X has "$28k currently owed" then it says if an application hasn't been filled out then the amount is $0.

What is going on?? :mad:

stinawords · Oct 20, 2008, 08:24 AM

There are a couple things that could be happening. First the order was never dropped so the money has been accumulating this long. Second, she received public assistance (the government wants paid back). You need to get ahold of the child support office quickly and you might want a lawyer too.

Bradshaw0506 · Oct 20, 2008, 08:39 AM

Thank you very much for the response.

The divorce was filed but never acted on, so after 36 months the case was closed due to non-activity. We were divorced later on though. The child support order that was with the initial divorce filing would go away too, right or is that ALWAYS in place?

stinawords · Oct 20, 2008, 09:57 AM

The child support order does not go away. You would have had to go to court to have it closed because you were still married. When you were divorced later did the judge issue a different support order?

Bradshaw0506 · Oct 20, 2008, 11:02 AM

The divorce was actually done out of state in IL, and everything was held in "reserve." Which we did on purpose because of the agreements/terms we have to raise our boys.

I just called the VA DCSE customer service line and she said that the arrears are from the time that I already paid. Apparently they made an adjustment in the amount owed for that 36 month time. I asked what the adjustment was based on and she didn't have an answer. She said there's nothing here that says why it was done.

She did confirm that there is no current support owed so that rules out my X trying to back stab me.

I'm just not sure how to fight this when I've paid what they asked. I feel like they're railroading me.

stinawords · Oct 20, 2008, 11:41 AM

What you need to do is find your receipt from when you paid before. Then take it in to the office that is saying you owe the money. Most states charge interest on arrears so the longer this goes the worse it will get it isn't high interest (generally around 5%) but it does make a difference in the long run so if they only had you pay part of your arrears then the rest would have been collecting interest this entire time. You will have to go in there in person with your proof of payment because there is liability with over the phone stuff so they won't do much that way. Start with that and if that still dosen't get you anywhere you will basically have to get a lawyer to fight it more.

OlivierJD · Oct 20, 2008, 12:01 PM

If DCSE does not fix the situation, you (or your lawyer) may need to file a motion to "set aside administrative order". Make sure your paperwork proves your case, because judges usually follow paperwork like a roadmap.

Bradshaw0506 · Oct 20, 2008, 12:13 PM

The interesting part is that sent me a refund check back in February for over payment. So out of no where they decide to adjust it.

I'm asking for an administrative review. Do you think by providing my tax returns they will see what dollar they should have based it off and not just some random quote of income from my X some years ago?

stinawords · Oct 20, 2008, 12:35 PM

Did you show up in court when the original order was made so that they had information from you about how much to use when figuring it? Because if not it would have ended up going into a default order and it would have been up to you at that point to argue it they won't look at changing that now. Your best bet it to take in the proof that you paid it off already. If you have a copy of your refund from them that might be handy too just to show that they sent it to you.

cdad · Oct 20, 2008, 01:27 PM

Ok, there is a much easier way to get through all this. But your ex would have to agree to it. All she has to do is say its been paid. That's it. Since there is no current order of support that ends it. The only way its more difficult is if your ex isn't the one owed arrears and like stina had said the state is trying to collect something from you. Otherwise if its only owed to her you can usually get a notarized statement from her and even the child support office may provide notary and it could be over in minutes.

Bradshaw0506 · Oct 20, 2008, 01:48 PM

Well, way back when she filed for divorce and had them serve me at my parents home in another state knowing I was down the street (it was complicated). The court date passed before I received word of the notice and since the court based the order off my previous job and then subsequent unemployment. I paid what they asked for and again received a refund, 2 refund checks matter of fact.

Now they go back and re-open it and adjust the amount I should have paid per month? They figure since I filed federal taxes that I was no longer unemployed therefor they could reevaluate it up the amount owed based on my old income. Seems when they do the review they will see that I didn't make a whole lot.

The last time I spoke to a case worker he said the case was done unless she went back and reapplied. She hasn't done that.

Bradshaw0506 · Oct 20, 2008, 01:53 PM

Originally Posted by califdadof3

Ok, there is a much easier way to get through all this. But your ex would have to agree to it. All she has to do is say its been paid. Thats it. Since there is no current order of support that ends it. The only way its more difficult is if your ex isnt the one owed arrears and like stina had said the state is trying to collect something from you. Otherwise if its only owed to her you can usually get a notarized statement from her and even the child support office may provide notary and it could be over in minutes.

I totally understand that, the only concern I have is that she'll see that amount ($28k) and screw me over. I trust her to a certain degree, but I know deep down she's greedy and she's got a history of being a bit psycho.

If I bring it to her attention I've got a 30-40% chance of her actually doing it knowing her history.