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Va DSS

Started by greatdad, Mar 10, 2008, 08:02:01 PM

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greatdad

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.

Giggles

But I did just that.  When CS was established, it was just between me and the X.  Well...he always paid late, sometimes not at all and since it wasn't consistent, I couldn't count on it.

I filed to have the CS go through CSE and I have not regretted it since!!!  The best part is that if he does stop paying...THEY go after him.  CSE can intercept Tax refunds to pay back arrearages and CSE can put the arearages on the NCP's credit report, plus block them from getting a passport.  They keep a record of amounts owed and that's a debt that NEVER goes away.

It's been nice, I get the CS weekly now, ON TIME and directly deposited to my account!!

Why go pro se to do go after support?  Simply pay a small fee (typically $25) and let them take care of the rest!!!
Now I'm living....Just another day in Paradise!!

greatdad

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

Giggles

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!!!
Now I'm living....Just another day in Paradise!!

greatdad

>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.

Giggles

Then you should have all her financial information right?  Take that to the CSE office when you file with them.  They should schedule a meeting with you prior to court to make sure they have all the paperwork.  They will then serve your X with the motion for support and they will deal with her atty.  The fact that she's pregnant and not working should NOT be a factor.  They should "impute" her income and set the support at what she is capable of making.

I really had to hound the CSE office into moving on stuff, but they do all the work and I only had to pay $25 for the service!!
Now I'm living....Just another day in Paradise!!

ocean

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!)

greatdad

>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 ?


gemini3

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.

greatdad

>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 ?