hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Well you obviously have no clue how Virginia works. Our divorce and child support/custody were done in circuit court. As it was close to 10 years ago, the case is now closed. CSE will not take the case from either of us until it is moved from circuit court to Dept of Child and Family Services. In order to do that, one would have to hire a lawyer to request the case re-opened, appear in court for Motions, to have a court date assigned, then again for the court date to request the move to Family Court and then potentially again to move to CSE; then proceed with meetings with CSE. If he wants a review HE needs to do this. Plain and simple this is not my responsibility.
I have no idea what you are meaning by the "Legally" statements you made. I of course am looking for information on how to proceed legally, looking for info to ensure I am using the proper terms when I am trying to explain that he is late/behind/short-paying whatever.
He is acting unstable and if I feel this will put my son in harm's way then I will have to think long and hard if I let him continue to pay what he wants so as to avoid problems with him for my son.
What does BAER mean?
I am not sure what kind of battles you have had with your X, but I am not her for sure and I am not sure why you are being so argumentative with me...I can take it, but it doesn't seem productive.
I simply asked - which you have NOT answered; my X is making partial payments for the last 4 months, is he considered 4 months late? Is he not late at all, even though they weren't full amounts? Do these distinctions matter if I take him to court?
So you know, if I do have to take him to court for the payments he missed, I will request a review so that if he is supposed to pay less then he can legally; but right now he has 2 LEGAL choices, pay the amount owed each month or request a review. Period.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I simply asked - which you have NOT answered; my X is making partial payments for the last 4 months, is he considered 4 months late? Is he not late at all, even though they weren't full amounts? Do these distinctions matter if I take him to court?
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He is not four months late, the payments pile up and he would be considered 2/3 late by the end of this month, if he pays nothing else for this month. The courts would want to know how much $$$ he is behind. That would be the amount which would make him not even a full month behind.
So you don't have a local Child Support Enforcement Agency you can actually file out the paperwork and ask for a garnishment? In my state you fill out the application, show them proof of the court order and with maybe a few other things they set it up. They deduct $25/year for the services.
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Hi Cassie thanks for your response...he is currently 1/3 less than 2 full months worth of payments behind.
In speaking to CSE on the phone, I was advised they could not provide their services from a circuit court order, that it needs to be moved to the Family court. Also they would not be able to address the amounts he is behind...only collection going forward - have you heard otherwise? Should I call again? Can they garnish wages if our courst order says he will make the payments directly to me?
thanks!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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"Well you obviously have no clue how Virginia works."
Umm, I beg to differ, you might want to read THIS:
dss.virginia.gov/files/division/dcse/intro_page/parents_guardians/guidance_procedures/Child_Support_2011booklet.pdf
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Why give a "senior" discount, they have had plenty of time to raise the money...
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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I have read that and did so again. Is there anything specific you would like me to take note of?
Or did you note that the NCP CAN file through DSCE?
thanks!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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Yeah, I was referencing THIS:
"Must a court establish the order?
No. It is not always necessary to go to court to establish a child support
order. Virginia law allows many child support orders to be established
administratively, which means that DCSE can establish an order for you.
Whenever possible, DCSE tries to establish child support orders administratively
instead of taking the case to court because this can be done
more quickly.
Occasionally, the order must be established in court due to extenuating
circumstances that a judge can consider when establishing the order.
These are known as deviating factors. (An example of a deviation factor is
when children have independent financial resources.) If an order is established
administratively and extenuating circumstances exist, either parent
may appeal the administrative order. All administrative support orders provide
information about the appeal process. Keep in mind that all appeals
must be made within 10 days of the date the order is received.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Again - I already have a court order and was advised that they are unable to enforce the order we have until it is moved into the Family system; likewise they do not was to go through the admin to create an order when a legal one is already in place!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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Oh, and BTW, it says an NCP can request a REVIEW, but a REVIEW can only be done once YOU file the request for services.
But the bottom line is that you KNOW that the child care expenses will go away, and you KNOW that the things such as camp, etc will NOT be included, so you WON'T get it through them.
We have ALL been there and done that. What I find MOST intersting is your supporters who are saying that HIS unwillingness to file through CSE is an indiocation that child support will go UP, but SOMEHOW, YOUR unwillingness to file doesn't mean it will go down.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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SO you filled out the application and they rejected it?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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Bottom line, end of story, if you WANT it enforced, you will need to file through CSE. Or just keep accepting what he pays, and DON'T file through CSE, but as it stands right now, he will get away with NOT paying the supposed full amount, because YOU won't file for enforcement. And honestly, YOU are the one that wants services, so YOU will have to be the one who files.
And as a parent who's ex hasn't paid support in full in ten years, I would be THRILLED if my ex was only 2/3's of a month behind.
What you are expecting is the BURGULAR to call 911 on himself, and it ain't gonna happen.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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