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In VA. I have DCSE going after my X for support. She hasn't paid 1 dime in 20 months. She is in NC. I have Sole Phys/Legal. DCSE has it in the court unit and is trying to move it from circuit to j&DR court, my guess is to speed it up and get it before a judge so we can get the order.They had me sign a " long arm statute" which allows them to use federal law to have NC enforce the order.
Anyone had experience with Va DSCE and this process....how long does it take? DSCE is hard to get info from.

>In my case it took about 6 weeks total.  They notified her
>within two weeks.  They'll send your ex a letter requesting
>information and giving her a certain amount of time to
>respond.  Then they will establish the amount of support and
>notify her of how much it is and how it must be paid.
I hope it goes that smoothly. My X  is 6 1/2 mos pregnant by her boyfriend ( we just got divorce decree beginning of this month !!) and still has a lawyer. She is saying she is unemployed and since pregnant, wont be working for  a while. She IS working but also  has someone else paying all her expenses including housing , car. I was told that DCSE can impute ( x is licensed cosmetologist) and that pregnancy ( especially from adultery) does not factor in to support obligation. I hope this is true ?????? Does DCSE also calculate and enforce arrrears ?

>Yes, we're in VA.  I think that there is a small fee that
>they charge the CP once a year - $25 or something - but it's
>not much.
>
>I think they can impute income as well.  Your ex can fight it
>in court, but DCSE will appear for you.  As for whether or not
>she complies, and what can be done - it depends on the state
>she's in.  I have a friend here in VA whose ex wife owes him
>over $60K in back child support.  DCSE went after her, but the
>judge in IN wouldn't enforce.
>
>But, it's a good place for you to start.  Good luck!
>

DCSE has assigned a case # and it is in the "establishment unit". Can you tell me how long it takes until the X is notified and then how long until DCSE takes some action  ??....all I can do is call their call center, you can't get the case worker on the phone .

>

>Yes, once it is set up then you do not go back to court
>unless you needed to change the amount. Here, you have to have
>a court order first, then CSE starts a case and takes over but
>filing with the court was free and I did it myself. Since
>child support is by the numbers in most states, I figured I
>knew enough to go without a lawyer.
>
>Call your local CSE on Monday and see if they will start an
>initial case or if you need to get court orders....I can't
>believe she has not been ordered to pay anything???


 She is in NC. I think I have a malpractice case against my atty, but don't have $$ to persue. Support  and arrears were factored into decree and then since her atty refused to agree, judge removed CS but specifically left it open to persue.
It is unlike anything I have heard, that a father ( or mother for that matter) is awarded sole custody after a 3 day trial, and CS is blundered in this way !

>No, you don't have to appear in court.  They will handle
>everything through their offices.  You fill out the
>application, they will serve her with a notice to submit her
>information, and then they will set the support amount based
>on VA guidelines.  They will also collect on back support
>owed.
>
>My husband is the NCP, but we still went through DCSE.  Ex
>went to DCSE and told them that no support order had been
>established (when, in fact, it had).  They upped his support
>and we had to file a complaint.  Once he gave them a copy of
>the order they changed the amount back to what it was supposed
>to be.  Ex got pissed, closed her case with DCSE, and he had
>to start paying her directly.  Of course, ex used this as an
>opportunity to harass us on a monthly basis.  So, my husband
>went an opened his own case with DCSE.  Now they deduct it
>from his check, pay him, and if she has any problems she has
>to deal with them.


 Was this in Va ? It is so exciting to actually think that there is help at no cost , after lawyers putting me into poverty and screwing up the support portion of decree.
It sounds like DCSE actually gets imputation easier than if I or even a lawyer went to court ??
X still has a lawyer ( although I don't think for much longer as she still owes 1st 2 money), does her having an Atty hurt me in any way, my understanding is that DCSE still makes X respond to things directly.
Since X is in another state and is not likely to cooperate with DCSE any more than she did with Discovery to the court......how long a process is this ?

>Here, you can file for free through the court. Once I was
>there, we went to mediation and she asked ex for his financial
>info and imputed it. I then asked for it to go through CSE and
>they took it over from there. It is the GREATEST thing, no
>more arguments about money and if she does not pay they will
>go after arrears without me even being in court or knowing
>about it. Once ex was served and was yelling and I had no idea
>they were taking him back for arrears.
>
>GO for it....let it go through them and then she can fight it
>with them and not you. (plus it should be retroactive since
>she has not been paying...ask for it!)


 I am so glad to hear this. It is retro to May of 07. I do have what little she provided to court, as she failed to comply with discovery. I had 2 motions to compel and she was sanctioned.
every time we tried to settle on CS, she would quit or say she was fired.
But I have her sworn interrogatories also where she said what she made.
If DSS handles it do I still have to appear in court ?

>If so then going through CSE will just be an enforcement of
>that amount!  If it hasn't been set, then you're more likely
>to have a fair CS amount than trying to go through private
>means!!  They are a state agency and they get matching federal
>$'s, so naturally, they wan't as much as they can get!!!

 No, amount was set ( it was all laid out though), but the  Xs atty wouldnt agree at last minute, said X was not working again and was pregnant now and since my lazy atty did not correctly address it in court, the judge thought the attys had agreed as they did on equitable distribution so he did not pay attention to testimony on support. I am livid at my noe EX atty, but cannot afford a new one. Judge refused to do any findings of fact unless we came back for a seperate motion.

Thanks. I was concerned that I would get less that if I went to court, or that it would be a beauracratic nightmare.

I am thinking of using DSS to go after X for support.Actually opening the claim thru them. Anyone have any experience with this? I don't think doing the support pro se is a good idea in Va, to much at stake.

>That way they keep track of the arrearages, they have the
>ability to attach her tax returns, report it to the credit
>rating groups and even suspend her drivers license!  This way
>also she can run but she can't hide forever and CS is
>something that NEVER goes away.  She can be denied a passport
>and with the new laws being that you need to have a passport
>to even go in and out of Canada, she will eventually see that
>she's skrewed herself!!
>
>Sadly, you've won the battle, but now the war begins.  Ignore
>the venom spewing from her, she's bitter and knows she made a
>huge mistake.  Like Wendl said, hound CSE it's the only way to
>get them to do anything!!  I too had to go that route, my X is
>$18K in arrears but now I am getting somewhat regular
>payments.  He needs his drivers license to work and the only
>way CSE would give it back to him is if he was consistant in
>his payments!
My understanding is that Virginia cannot revoke or suspend her license as she is a resident of NC.
Suggestions ?