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.

Virginia Family Law: What is a Show Cause?

Sometimes people do not follow court orders. Maybe the other parent is refusing to pay child support or is attempting to contact the children at odd hours. The Court has the ability to stop these behaviors and enforce its orders. It is important to understand how the Court does that and what you have to do to enforce your orders.

So what is a show cause and how do you file one?

Virginia Family Law: What is a Show Cause?

A show cause is a document that you file with the Court asking the Court to enforce an order. The show cause identifies a few things:

1) The specific order that is being violated;

2) What provisions of the order are being violated;

3) How those provisions were violated;

4) When those provisions were violated;

5) What you want the Court to do about it.

How to File a Show Cause in Virginia.

A show cause can be filed either by hiring a lawyer to draft it or, if it is a juvenile order being violated, contacting your local juvenile intake. They can potentially help you fill out the show cause.

What Powers Does the Court Have in a Show Cause?

The Court has a few powers when you file a show cause. The ultimate goal is to force compliance. In order to force compliance th Court can;

1) Order a fine;

2) Impose additional restrictions on custody or visitation;

3) Impose jail time;

4) Order them to fully comply or face additional sanctions.

The specific power the Court uses depends on the facts of the case and how severe the violation is.

Why You Need a Family Lawyer

Make sure you talk to a family lawyer if you are considering a show cause. They can help you put as much detail in the document as is necessary and ask for the right kinds of sanctions.

Virginia Family Law: What is Split Custody?

When it comes to physical custody and child support, Virginia has three major types of custody: joint, sole and split custody. This post will talk about what split custody is, when it is appropriate, and how to ask for split custody.

So what is split custody, and should you ask for split custody?

What is Split Custody in Virginia?

Split custody is used in determining spousal support and can have an impact on the total number of overnights that the other parent spends with the child. Split custody is best understood in contrast with sole or joint custody. Under a sole custody schedule, the other parent will spend less than 90 overnights a year with the child. Under a joint schedule, the parents are evenly dividing the year.

In contrast, split custody is anything between joint custody and sole custody. If the other parent has less than 183 overnights a year, but more than 90 overnights a year, then that is a split custody schedule.

When is Split Custody Appropriate?

Split custody schedules are appropriate when both parents are wokring unusual schedules that require a lot of planning. The most common examples are couples where one parent may be a nurse and the other parent may work in law enforcement or public safety. In other words, shift schedules are often appropriate for split custody schedules. Neither parent is necessarily always available to provide for the child while the other parent is at work.

As a result, parents have to get creative and work around each other’s shifts to meet the child’s needs. Maybe that means that the other parent will have parenting time three weekends a month from Friday to Monday and an overnight every Tuesday. Or maybe it means one weekend a month from Saturday to Tuesday and overnights every Thursday.

There is a lot of flexibility in how a split custody schedule can be created.

Why Split Custody Schedules Are Important

There are two majors impacts of having a split custody schedule. First, it allows for flexibility based upon chaotic schedules. Second, it has a major impact on child support. If the other parent has more than 90 overnights a year, then their child support can be reduced based upon the number of overnights.

Why You Need a Custody Lawyer

A Virginia custody lawyer is important to have when deciding if a split custody schedule is right for you. It is one of many options available. However, it may or may not be the right option for you. A custody lawyer can also help you create a schedule that works best for your situation and help you create something that is enforceable, predictable, and in the best interests of your child. If you are considering a custody case, please reach out and we can schedule a consultation to see if split custody is right for you.

Virginia Family Law: How to Get Child Support

Raising children can be very expensive. Food, clothing, hospital bills, extracurriculars and unreimbursed medical expenses can make it very difficult for a single mother or single father. If you are no longer living with the other parent, it is important to know how to get child support and how child support is calculated.

How Do You Ask For Child Support in Virginia?

If you are looking for help paying for your child'ren’s living expenses, the best way of getting help is to ask for child support from the other parent. If you do not yet have a child support order in place, you would need to either open a case with the Department of Child Support Enforcement or file a Petition for Child Support.

The first thing you would need to do is go to the Clerk’s office where you live or to call the Richmond Office of the Department of Child Support. They can walk you through the paperwork required to start receiving child support.

How Much Child Support Will You Get?

In order to get the most child support you can, you need to make sure you have all your receipts for your expenses ready for the Court or Child Support to review. They will want to see the cost of your insurance, your pay stubs, and day care expenses.

All of those expenses get factored into the amount of child support you are entitled to. Once you do file, the other parent will be required to provide their earning statements to the Court for calculation.

Why You Need a Child Support Lawyer.

A child support lawyer can help you get all the documentation ready to file with the Court and maximize the amount of child support you will receive. If the other parent is working under the table or is self-employed, your lawyer can help you get that information in front of the Court. So make sure you talk to a child support lawyer if you need help with paying for raising your children.

VIRGINIA: Controversy over Guardian ad Litems

The Study

People are not happy with Guardian ad Litems ("GALs").  There have been several studies conducted in the last few years of various social service professionals regarding their attitudes to GALs.

The most recent survey that created controversy was a poll of three hundred (300) Court Appointed Special Advocates (“CASAs”). CASAs are non-lawyers who volunteer their time to talk with children during court proceedings. CASA volunteers are important, because they provide emotional support for children. 

The survey results were not good:

1. Ninety (90) percent feel that GALs are not performing their job.

2. Thirty-Six (36) percent stated that Guardian ad Litems "seldom" visit the children.

3. Only Nine percent (9%) stated that Guardian ad Litems are investigating their cases.

The Aftermath

The survey results caused an uproar with the press. After the survey results were released, several newspapers contacted local courts to get more information on GALs. One such court released the billing information for several GALs in and around Stafford County, Virginia. Many of the GALs were receiving approximately One Thousand and 00/100 Dollars ($1,000.00) per case. 

So what is the result of all this bad press?

GALs and family lawyers are currently debating what these results mean for the legal community. Some legislators are already talking about abolishing the role of GALs entirely. Legislators are being faced with a large bill and anger over the perceived lack of accountability for GALs. It is likely that there will be huge changes to the GAL system going forward.

Suggestions for Change

Whether we agree with the results of the study or not, we GALs have failed. At the very least, we have failed to work collaboratively with other social service professionals. The lack of communication between GALs and CASA has resulted in animosity and a lack of mutual understanding of what our job is.

The problem facing GALs is reminiscent of the public perception of lawyers during changes to the disciplinary rules in the 1990s. People don't know what we do, or why we bill so much time. 

The first step forward is to begin working more closely with our volunteer counterparts. We need to educate our colleagues on our role, and work to clear any misunderstanding. Furthermore, we need to make absolutely sure we abide by the standards that govern GALs.

Finally, we need to advocate for more stringent standards for GALs. The standards right now are simply baseline requirements. As with the changes that came by switching away from the disciplinary rules, we need to modify the standards that govern GALs. Only when we have a more comprehensive set of guidelines will we be able to perform to the best of our abilities.