Virginia Says I Owe Child Support

[FlRunner]

My wife died in a car accident in Feb 2002. At the time, we were separated, she had custody of our two sons, and I PAID child support, voluntarily, directly to a joint VA bank account; she would withdrawal the payments during the month after I made the deposit on the 1st.
There was, at the time, no court ordered child support, that I was aware of. After my wife's death, and because I had not seen my sons for nearly 6yrs, my sons stayed at their grandparent's home. They are now in college and doing well.

NOW, 5yrs later, I am being told that VA has a support order, dated 3yrs AFTER my wife's death, and that I owe $14,000 to the County CSS. I have flown back to VA twice and provided the bank records that show that my wife was getting support from me every month. VA says that my wife claimed that I was not paying support and had received State Aid (Welfare) during the last 3yrs of her life.

I managed to get the State to drop the $31,000 they originally claimed I owed them, but I can not get the County to drop the $14,000.
Now my driver's license is in jeopardy, as well as my business license.

I need advise and possibly an attorney in the Hampton/Newport News area to help.
Thanks

[aaron]

How did this order get entered? Who sought to have it entered? Does it related to public assistance received by your wife before her death, with those government agencies seeking reimbursement? If not, what is the basis of their claims?

[FlRunner]

The amount VA claims I owe is based on welfare and aid that she received prior to her death. My attorney and I, in the year after my wife's death, gave evidence (bank records), showing that I had always paid the support and that my wife had defrauded the State of VA.

After we supplied the proof, VA dropped their claim against me, BUT never zeroed out the balance. Per VA law, it came up for review after 3yrs because of the $36 balance; it was $31,000+ at the time VA said they would close the case.

NOW, 5yrs later, the balance is back up to $13,000+ in arrears.
The "ORDER of SUPPORT" was written by some clerk in a county office, 3 YEARS AFTER my wife's death; 2yrs AFTER I was told VA was closing the case.

I currently live in the mid-west, and VA filed for my current residence state to enforce the order. I currently have a temporary stay of the enforcement, but the Judge here says that VA will have to terminate the order or my stay will be lifted.

I called VA Child Support Enforcement, but the are like a broken record: "Just send the $$".

Ther has NEVER been any form of legal hearing, or court appearances, regarding any of this. The "order" was written by a clerk, in a county CSS office, and I have found no way to get it to a VA judge to look at.

Thanks for any advise you can provide.

[Mr. Knowitall]

It sounds like you're not going to get anywhere until a court in Virginia revisits the support order, and for that you will realistically need a lawyer. Try the Virginia Bar's lawyer referral service.