seeking a declaratory judgment

[rattical]

Jurisdiction/Place: USA - Virginia - Loudoun County

Background: I filed motion to be credited for non-conforming payments, and a ruling on ex-wife’s responsibility as outlined in PSA to sell or refi house which would in turn reduce support. Judge ruled in favor of non-conforming payments crediting me with the arrearage amount to which I petitioned Division of Child Support and Enforcement and they have credited me the same, however the Judge also ruled that the 'assumption' did fulfill the guidelines of the PSA.

After the DCSE credited me with the non-conforming payments and reduced the amount of support in accordance with the PSA for ex fulfilling obligations in the PSA, the ex-wife petitioned DCSE to readdress the assumption indicating that it was not a refi and therefore the support must be increase to the amount as though there was no compliance.

QUESTION #1: would that mean she could be found in contempt for not complying with the PSA?

QUESTION #2: is seeking a declaratory judgment the right thing to do in this case to clarify the ruling?

I have no problem paying spousal support and child support as outline in the PSA, my biggest concern is that the ex continues to manipulate the DCSE (state government) to get something for nothing, to which I suffer financially...

[LdiJ]

Originally Posted by rattical

Jurisdiction/Place: USA - Virginia - Loudoun County

Background: I filed motion to be credited for non-conforming payments, and a ruling on ex-wife’s responsibility as outlined in PSA to sell or refi house which would in turn reduce support. Judge ruled in favor of non-conforming payments crediting me with the arrearage amount to which I petitioned Division of Child Support and Enforcement and they have credited me the same, however the Judge also ruled that the 'assumption' did fulfill the guidelines of the PSA.

After the DCSE credited me with the non-conforming payments and reduced the amount of support in accordance with the PSA for ex fulfilling obligations in the PSA, the ex-wife petitioned DCSE to readdress the assumption indicating that it was not a refi and therefore the support must be increase to the amount as though there was no compliance.

QUESTION #1: would that mean she could be found in contempt for not complying with the PSA?

QUESTION #2: is seeking a declaratory judgment the right thing to do in this case to clarify the ruling?

I have no problem paying spousal support and child support as outline in the PSA, my biggest concern is that the ex continues to manipulate the DCSE (state government) to get something for nothing, to which I suffer financially...

In order for us to be able to help you, please explain a little more about the non-conforming payments, and how the support amount is tied to the house?

[rattical]

Originally Posted by LdiJ

In order for us to be able to help you, please explain a little more about the non-conforming payments, and how the support amount is tied to the house?

we seperated with a PSA that indicated we split house payments, ex agreed to accept me paying entire amount and withholding her share from the sposual support... lied to div child support enforcement (DCSE) says she never agreed and i was impossed arrearages for those payments... i filed a motion for non-coforming payment credit and got it... PSA also indicated that the ex sell or refin within 6 months, but never did, after 1 year and me having to file BK as i could no longer pay... during the proceedings judge ordered her to comply with PSA... again she lied and said i would not sign listing agreement, judge ordered her to sell or refi and me to sign... she brought me quit claim p/w so she could assume the mort and per my bk atty this would suffice in me no longer being accountable for the mortgage along with the approved BK... during a recent hearing with DCSE i requested that the support go down as outlined in the PSA once the house was sold or refi'ed... they agreed to do so.... i received i call 3 days ago from DCSE saying that thier atty looked at the 13 page court opinion and order and NOW DO NOT agree that the assumption qualifies as refi or sale....