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: What is Sole Custody?

In Virginia custody cases, there are two types of custody: physical custody and legal custody. There are three different subcategories: sole, split and joint custody. Many people come to my office asking for “full custody” or “sole custody.” It is important to understand what that word means and the situations in which the Court will consider giving sole or full custody.

So what is sole custody, and how does it work?

What is Sole or Full Custody?

Sole legal custody means one parent makes all the legal decisions for the child. Where they go to school, what doctor they go to, what surgeries they have, and what church they go to. Being a sole legal custodian means you do not have to consult with the other parent to make these decisions. The Court rarely grants sole legal custody.

Sole physical custody means that one parent is the one that has most of the parenting time with the child. The other parent has less than ninety (90) overnights with the child.

When Will the Court Award Sole or Full Custody?

The Court will consider sole legal custody when one parent has a history of not being able to making rational decisions for the child. Maybe they have a substantial history of mental health issues or substance abuse issues. If they are unable to be involved in making decisions the Court will not let them. Alternatively, if the parent has historically not been involved at all and has showed no inclination to be involved, the Court may also restrict that parent’s legal custody.

The Court will consider sole physical custodoy when the other parent is unable to provide for the needs for the child. For example, if they work night shift and cannot get the child on the bus. Or maybe they live several hundred miles away and cannot be involved in the day to day needs of the child. Those are the situations in which a Court will consider sole physical custody.

Why You Need a Custody Lawyer.

A custody lawyer will be familiar with the types of cases that your local judges will consider appropriate for sole or full custody. Not at all cases are eligible for sole or full custody, so it is important to talk to an experienced, local attorney to explore what might help in your case.

Virginia Family Law: What is Joint Custody?

In Virginia there are many different types of custody arrangements available for Juvenile Court judges to meet the needs of children. One of those types of custody arrangements is “joint custody.” Many clients say that they want joint custody. However, not all of them understand what it means to be a joint custodian or what you have to prove to the Court to be awarded joint custody. So what is joint custody, and what does the Court look for?

What is Joint Physical Custody?

The first type of custody is known as physical custody. Physical custody is primarily where the children reside. If two parents have joint physical custody, it means that they are equally sharing parenting time with the children.

The two most common schedules used in joint physical custody arrangements are week on/week off arrangements and week-day splits (3-2-2-3 or 5-2-2-5). The Court is essentially dividing all the time in half.

What is Joint Legal Custody?

Legal custody is who makes decisions about where the child goes to school, who their doctor is, and what church they go to. Joint legal custody means both parents have equal say, and one parent cannot make major life decisions without consulting with the other parent. Unfortunately, many parents who get joint legal custody do not properly consult with their ex, often resulting in major conflicts in court.

How Do You Get Joint Physical Custody?

In order to have joint physical custody, you need to convince the Court that you are able to provide for the children. For example, you must be available to drop the children off at school, pick them up, and take them to appointments. You also have to have a track record of being involved in doctor appointments or therapy sessions.

The Court will not give an absent parent joint physical custody, because they do not have the track record to make it work. Nor will they give someone with night shifts joint physical custody, because you are not available to take care of the children.

Preparing to ask for joint physical custody means reaching out to the school and the doctors and being actively involved.

How Do You Get Joint Legal Custody?

Courts routinely grant parents joint legal custody. Both parents have a say in raising their children. Courts start at joint legal custody, and only revoke that if one parent has a bad track record of making bad decisions.

You Need a Custody Lawyer.

If you are interested in joint custody or the other side is pushing for it, it is important to hire someone who knows what judges are looking for. They can help present the case and get the best result for your child.