Support laws in va...

[weaverzzz]

What is the name of your state? VA
I was told today that support starts from the day it is pertitioned to the court by DCSE..I thought it was retro from the date I filed...
Also, I need legal help but can't afford it. No pro-bono in Winchester Va area and legal aid doesn't work with custody cases because DCSE has their own attorneys...Only problem is, it's not an attorney that I can consult with. He just shows up on court day and represents DCSE. I'm worried my ex is trying to pull a fast one behind my back. I think he has retained counsel. He lives in KY but made a trip out here to "take care of some business"..
Don't know if he's going to try and get out of this somehow or try and get full custody of my 14 year old. We have Joint custody with me having physical custody. She has stated that she wants to live with me.
This whole situation is making me crazy!!!!
Any advice? And...hanging myself is not an option!!

 

[Gracie3787]

What is the name of your state? VA
I was told today that support starts from the day it is pertitioned to the court by DCSE..I thought it was retro from the date I filed...
Also, I need legal help but can't afford it. No pro-bono in Winchester Va area and legal aid doesn't work with custody cases because DCSE has their own attorneys...Only problem is, it's not an attorney that I can consult with. He just shows up on court day and represents DCSE. I'm worried my ex is trying to pull a fast one behind my back. I think he has retained counsel. He lives in KY but made a trip out here to "take care of some business"..
Don't know if he's going to try and get out of this somehow or try and get full custody of my 14 year old. We have Joint custody with me having physical custody. She has stated that she wants to live with me.
This whole situation is making me crazy!!!!
Any advice? And...hanging myself is not an option!!

Usually an order will be retro back to the date it was filed WITH THE COURT.
Did you file with the court yourself, and then DCSE became involved?
If you filled out papers at DCSE those would be filed with the court at a later date, so you can't go by the date that you filled out the papers.

Usually a CSE agency can't handle custody issues (except basic custody in an original CS determination), which, rereading your post you infer that there is already a custody order in place. If you are concerned that your ex is going to file for custody, but hasn't yet, maybe you're putting the cart before the horse. Wait to see if he does file for full custody, if he does, then find an attorney.

 

[weaverzzz]

Yeah, I know you're right about the custody thing. And yes I did file with DCSE first. As always....a dumb move on my part. DCSE has dragged their feet since last July when I filed. They have just filed a petition with the court on Jan.9th, so I guess there is no chance of getting any past money out of him. Thus...he wins again on that one. I'm hoping the court date gets set up within the next 6-8 weeks and goes thru. I still don't know what he's up to.
Any chance I may be able to ask the judge that he pays the extra from last July? I just don't see why I should be punished (or my daughter for that matter) just because the system is so slow.

 

[GatorLaw]

You can contact the Virginia Bar association's 24 hour legal aid helpline at 866-LEGL-AID. There is also a lawyer referral service they provide at 800-552-7977

 

[Frustrated_one]

Do you currently have a support order?

I am assuming based on what you wrote that you do not.

You had the right to file a petition for support and once ordered request at the hearing to have DCSE services.

I am also in the DCSE Winchester district and their attorneys are really good.

In the future if you have support issues, be proactive. File the petition and then notify DCSE that you have filed a petition for arrearages and request that they amend it so that both parties (you and DCSE) are heard the same day.

That will also allow the judge to hear whatever facts you may have about the case including DCSE's attorney.

 

[weaverzzz]

Ok, let me ask you this..I received my court papers today, finally...it's 4/19...2 more months.
At the time our divorce papers were written up my ex and I had joint custody and he moved them away to KY. So, he had custodial custody.
An order was never set up for child supoort that I would have had to pay him.
It read in our papers, "there is no requirement for the payment of child support as of the entry of this order"...but, since then, my youngest actually came back to live with me 3 1/2 years ago and I have since ammended my custody status to being the custodial parent.
Do you think there is going to be a problem with me asking for support now? No where in the divorce decree does it say that we will never ask for support in the future
I never filed years ago because my oldest was still under 18, and it would have been an out-of state and split support issue..ie: they would have to figure out what we owed each other.
The DCSE stated on the petition and I quote, "that the support of the named persons who are the subject of controversy or requires determination because, there is a divorce decree dated 9 august 1999 which states there is no requirement for child support. Then the division requests that an order for child support and health care (which I don't need for her) be entered pursuant to virginia guidelines."
How may this affect my case? Is there a chance I won't be able to win? Reason I'm asking is because I know he is going to fight it somehow.

Thanks