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Procedural Accountability for DCSE in Virginia

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  • 10-14-2009, 03:56 AM
    vadriverinwas
    Procedural Accountability for DCSE in Virginia
    I have a current support order in Virginia.

    I filed for reevaluation based on the fact the non-custodial parent was working as an attorney (over $100,000 annual salary) in another State (CA) in MARCH 3, 2009.

    They said they had 5 months to process request, but that any determination would be "back dated" to filing date.

    On Sept, 11, 2009 a determination to increase was sent to me. As of Oct 13, 2009 the non-custodial parent has no been SERVED. I have verified correct mailing information with the father as well as DCSE. DCSE says their automated system has not yet received a reply and there is nothing to do but wait. Having already waited over 8 months for an administrative review, I am flabbergasted that they are recommending waiting some more.

    During this window of time my son (almost 16) has undergone treatment for substance abuse and is a specialize school for his issues, furthermore, I have not received reimbursement for medical expenses during this time. I am looking to go into bankrupcy or foreclose on a house... if I am paid my child support can it then be garnished to pay these debts? If I would simply get the money that is owed to pay for my son, I would not even be in this dire of a circumstance and my credit and stability is being compromised.

    The father HAS the money but will not send it until he is LEGALLY obligated to pay it... which is at least 10 days AFTER he is served... but the DCSE is still waiting for the "letter to get there"..

    I am so confused as when I send certified mail you can go online within days and determine what happened to letter... I asked to verify they used the correct address and they were dismissive.

    Is there any mechanism for accountability with the DCSE or is there any guidelines for "timeliness" on issues relating to processing administrative orders for child support?

    I was informed that if an attorney touches this case I lose the "back date" of the order to March (close to $4000).

    Thanks... from the commonwealth of Virginia.
  • 10-14-2009, 12:15 PM
    NdK1009
    Re: Procedural Accountability for DCSE in Virginia
    If you're concerned about involving an attorney, but you still want an authority to help you, I'd recommend contacting your legislative representative. This sounds like the type of bureaucratic mis-managment which they live for (or were at least elected to handle).
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