Virginia Family Law: The Role of DCSE

If you are currently receiving child support, ordered to pay child support, or just thinking about asking the Court for child support, you may come across a government body known as the Department of Child Support Enforcement (DCSE for short). DCSE serves may different roles in child support from setting out an initial child support obligation to helping you force the other parrent to pay their child support.

So what is DCSE and when should you consider reaching out to them for help?

What is the Virginia Department of Child Support Enforcement?

DCSE is a Virginia government agency whose job is to help people navigate how to ask for or enforce child support obligations. They employ several different types of professionals from lawyers to appear in Court to collections workers to help manage active accounts. They have office throughout Virginia and are able to help local clients with their child support needs.

DCSE does a few different things. If you do not currently have child support but are interested in asking for child support from the other parent, then DCSE can start the process. Once you open a case with DCSE, they send out letters to the other side. In these letters, they request financial information used to calculate how much child support you are entitled to.This is a great way of skipping the long waiting requirement of having to go to Court for child support.

DCSE also helps to enforce existing child support obligations. If you already have a court ordered child support obligation, you can ask DCSE to take money from the other parent if they are refusing to pay. They can take money from their job, their bank accounts, or even ask the Court to hold them in contempt and seek jail timime.

The Pros and Cons of Opening a DCSE Case in Virginia.

When it comes to child support, there are two major options. You can either go to the Court system and ask the Court to set up child support and ask the Court to enforce the obligation, or you can open a case file with DCSE and allow them to help with those things. There are benefits and drawbacks to both approaches.

If you decide to go through the Court system, you are on your own unless you hire a private lawyer. The Court system can be complicated and confusing to many people, and they may not be able to afford a private lawyer. However, going that route gives you more control over the outcome of any enforcement actions.

In contrast, DCSE is a free service to the person who is supposed to be receiving child support. It is a much cheaper option than hiring your own attorney. You also have knowledgable professionals helping with the child support obligation. The downside is that you lose control over enforcement actions and it is up to DCSE as to how strict or harsh they want to be when collecting child suppport. Further, you are limited on how often your case may come back to Court if you have an open DCSE case.

Consider Your Options When Hiring a Child Support Lawyer

DCSE is a tool available for people who want to save money and do not mind losing some control over their child support case. However, it does come with the drawbacks described above. If you are considering filing for child support, looking to enforce a support obligation, or are even interested in modifying your child support, it is important to talk to a local attorney beforehand to determine if a DCSE case is right for you.

Spousal Support: How to modify.

Virginia law allows you to modify a spousal support order if there has been a “material change in circumstances.” Common examples of times when it would be appropriate to request a modification of spousal support include getting laid off, obtaining a new job, or suffering from a workplace injury that makes you unable to work.

So how often will a court modify a spousal support order, and what do you need to know before you file?

What is a material change in circumstances?

The first thing that you must prove before the court will grant you a modification of your spousal support is that there has been a material change in circumstances. This is a legal term of art that means that finances or living arrangements have changed such that it would be fair to modify the spousal support order.

With respect to changing finances, the most typical times a court will modify your spousal support order is if either party changes their employment situation. A change in employment can be caused by any number of things. However, the change cannot be due to an intentional decision by the employee to take reduced hours or reduced pay. If you intentionally reduce your pay, the court will assume you are still making the same amount of money.

With respect to a change in living arrangements, most court orders only require you to provide spousal support so long as the other party is not living “in a relationship analogous to marriage.” Meaning, if the other party moves in with a new significant other who is taking on the bills or the other party gets remarried, that may also be grounds to amend the spousal support.

How to prepare before filing for a modification of spousal support.

The court will require you to produce a number of documents when you ask for a modification of spousal support. You must prove the material change in circumstances that are the basis for your request. Common examples of documents you need to obtain include three (3) months worth of pay stubs, tax returns, or letters from your doctor showing a disability. Either way, you need documentation proving your case.

Furthermore, it may be a good idea to attempt to negotiate with the other party. After time has passed and temporatures have cooled, the other side may be willing to revisit spousal support. Coming to an agreement may save significant costs.

Why you need a lawyer.

Spousal support modification is complicated in Virginia. At the very least, you need to know how to obtain the documentation you need to prove your case. Additionally, you may need to prove the income or living arrangements of the other party. A lawyer can assist by preparing your case for presentation to the court or negotiating with the other party. If you are considering a change in spousal support, seek out a lawyer.

Spousal Support: Where do you file?

Virginia law allows you to file for spousal support two different ways. Each of these different methods of filing for spousal support require different burdens of proof and may have different results.

What are these two options, and which one is best for you?

Spousal Support: Juvenile and Domestic Relations Court ("JDR Court")

You can ask for spousal support prior to filing for divorce in Virginia. This is accomplished by requested spousal support through the JDR Court. There are several benefits of filing for support in the JDR Court.

The first major benefit is that you can ask for support prior to filing for divorce. This allows you to maintain your lifestyle while you wait the required time to file for divorce. Virginia requires you to wait a period of time between six (6) months and one (1) year depending on the circumstances of your case. However, you are likely to have considerable expenses during that time since one of you will have to move out.

The second major benefit is that there is a presumed amount of support in JDR Court. The JDR Court uses a calculus to determine the amount of support that is required based upon the incomes of the parties.

The downside of seeking support in JDR Court is that it will likely exacerbate the dispute between you and your spouse. It increases the likelihood that your spouse will seek a fault based grounds of divorce.

Spousal Support: Circuit Court

You can also ask for support as part of your divorce proceedings. There are several benefits of seeking support in the Circuit Court.

The first benefit is that Circuit Court applies a more thorough test to determine the amount of spousal support that will be paid. The Circuit Court takes into account a number of factors when setting support. The Circuit Court also has the ability to increase or decrease support depending on the unique facts of each case.

The second benefit is that you will be filing for divorce at the same time as your request for spousal support. This speeds up the process, and is ideal if you want to have a speedy divorce.

The downside of filing in Circuit Court is that you must also satisfy all the requirements for a divorce. For example, you must have resided in Virginia for more than six (6) months and have been living separate and apart for a period of time.

Why You Need a Lawyer

A lawyer is important to have because the lawyer can advise you on which of these two options are best in your particular case. A lawyer can also help you prepare the documentation and financial information the Court will need to make a spousal support determination. Failure to hire a lawyer may result in reduced spousal support.