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Child support question...

Started by dipper, Nov 17, 2006, 07:59:32 PM

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dipper

Soc,

Case in VA.  BM is office manager.  She works for a cousin.  CS is ordered weekly.  CS has been sent in randomly.  Every three weeks, two weeks, one payment for two week period...

There is an arrearage on account.  DCSE sent BM a letter recently 'requesting' that she pay the arrearage.  Instead, one payment was sent in for a two week period.  

The issue appears to be simply just withholding the payments because it can be done.  As the account is in arrears and as it is coming out of her paycheck...

Would I be able to file a show cause against the employer as to why the support is not being sent in as ordered (and is in fact not being sent in by any pattern)?


HelpingHands

Hope this is ok to post -Soc . I've been searching the Va websites for information and found this. It may help you. The part that seems to pertain to your situation is bolded at the very bottom of the page.
 

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-278.16

§ 16.1-278.16. Failure to comply with support obligation; payroll deduction; commitment.

In cases involving (i) the custody, visitation or support of a child arising under subdivision A 3 of § 16.1-241, (ii) spousal support arising under subsection L of § 16.1-241, (iii) support, maintenance, care, and custody of a child or support and maintenance of a spouse transferred to the juvenile and domestic relations district court pursuant to § 20-79, or (iv) motions to enforce administrative support orders entered pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, when the court finds that the respondent (i) has failed to perform or comply with a court order concerning the custody and visitation of a child or a court or administrative order concerning the support and maintenance of a child or a court order concerning the support and maintenance of a spouse or (ii) under existing circumstances, is under a duty to render support or additional support to a child or pay the support and maintenance of a spouse, the court may order a payroll deduction as provided in § 20-79.1, or the giving of a recognizance as provided in § 20-114. If the court finds that the respondent has failed to perform or comply with such order, and personal or substitute service has been obtained, the court may issue a civil show cause summons or a capias pursuant to this section. The court also may order the commitment of the person as provided in § 20-115 or the court may, in its discretion, impose a sentence of up to 12 months in jail, notwithstanding the provisions of §§ 16.1-69.24 and 18.2-458, relating to punishment for contempt. If the court finds that an employer, who is under a payroll deduction order pursuant to § 20-79.1, has failed to comply with such order after being given a reasonable opportunity to show cause why he failed to comply with such order, then the court may proceed to impose sanctions on the employer pursuant to subdivision A 9 of § 20-79.3. [B/]

(1991, c. 534; 2003, cc. 929, 942; 2004, c. 219.)


socrateaser

Based on this statute, I'd say that if dipper can prove that the employer is ordered to make payments on certain dates under the garnshiment, and if employer is not doing so, that contempt and sanctions would be appropriate.