Ending frivolous child support arrearage.

[splatter2]

What is the name of your state (VA)?

Hello, I am attempting to help my mother and step-dad dismiss/remove a frivolous child support case. My mother is 62, my step dad is 58, and they live on one income only as my mom has been unemployed for 3 years, limited opportunities with one vehicle.

The support case is for two of my step-dad�s children from another marriage. Those children are now adults, 34 and 32 years old. The older one is married with a family of her own, and both are independent of their mother.

The mother has a criminal record on multiple misdemeanors, and does not need/deserve the money. Furthermore, as per above, none of it benefits the kids, who are grown adults. The amount garnished is approximately � his income, and significantly reduces their livelihood to near poverty levels. Regular payments should have been stopped at 18 or 21, whatever VA law is in that matter, and not continued on indefinite, so there should be no �back pay� relevant.

What steps can I take to remove/dismiss this ludicrous case? Additional complications include this case is based out of VA, but we live in Indiana. Also, we cannot afford an attorney, can this be done without, or are there free legal options �pro bono� for this situation. Please advise, thank you for your time.

 

[LdiJ]

What is the name of your state (VA)?

Hello, I am attempting to help my mother and step-dad dismiss/remove a frivolous child support case. My mother is 62, my step dad is 58, and they live on one income only as my mom has been unemployed for 3 years, limited opportunities with one vehicle.

The support case is for two of my step-dad�s children from another marriage. Those children are now adults, 34 and 32 years old. The older one is married with a family of her own, and both are independent of their mother.

The mother has a criminal record on multiple misdemeanors, and does not need/deserve the money. Furthermore, as per above, none of it benefits the kids, who are grown adults. The amount garnished is approximately � his income, and significantly reduces their livelihood to near poverty levels. Regular payments should have been stopped at 18 or 21, whatever VA law is in that matter, and not continued on indefinite, so there should be no �back pay� relevant.

What steps can I take to remove/dismiss this ludicrous case? Additional complications include this case is based out of VA, but we live in Indiana. Also, we cannot afford an attorney, can this be done without, or are there free legal options �pro bono� for this situation. Please advise, thank you for your time.

If your stepfather has child support arrearages its because he did NOT pay his child support for a significant period of time. He is reimbursing the mother for money she spent raising the children while he wasn't helping. That is not frivolous nor is it something that he can get removed. YOU certainly cannot get it removed. His ex's criminal record or "need" for the money is irrelevant.

 

[OHRoadwarrior]

Though I agree with LdiJ, a legal argument could be made Laches applies. The problem is VA courts have already ruled such an order is valid regardless of laches.

http://scholar.google.com/scholar_case?case=3002564197116842069&q=laches+child+support&hl=en&as_sdt=4,47

 

[single317dad]

What is the name of your state (VA)?

Hello, I am attempting to help my mother and step-dad dismiss/remove a frivolous child support case. My mother is 62, my step dad is 58, and they live on one income only as my mom has been unemployed for 3 years, limited opportunities with one vehicle.

The support case is for two of my step-dad�s children from another marriage. Those children are now adults, 34 and 32 years old. The older one is married with a family of her own, and both are independent of their mother.

The mother has a criminal record on multiple misdemeanors, and does not need/deserve the money. Furthermore, as per above, none of it benefits the kids, who are grown adults. The amount garnished is approximately � his income, and significantly reduces their livelihood to near poverty levels. Regular payments should have been stopped at 18 or 21, whatever VA law is in that matter, and not continued on indefinite, so there should be no �back pay� relevant.

What steps can I take to remove/dismiss this ludicrous case? Additional complications include this case is based out of VA, but we live in Indiana. Also, we cannot afford an attorney, can this be done without, or are there free legal options �pro bono� for this situation. Please advise, thank you for your time.

Emancipation age for child support in Virginia is 18, barring disability. There is no statute of limitations for collection in VA. Arrears, interest, and penalties will be collected until the judgment is satisfied. Respondent's current location is irrelevant.

Why hasn't this order been enforced previously? Has the respondent had all the amounts calculated to make sure they're accurate?

 

[BL]

Was the mother on State Assistance when the now Adults ( children ) lived with her ,and are the arrearages owed to the State ?

By your post it appears collection of arrearages has been ongoing past the children's ages of 18.

What agency ordered the collection.

You can do nothing as you are not a party to the matter.

 

[LdiJ]

Though I agree with LdiJ, a legal argument could be made Laches applies. The problem is VA courts have already ruled such an order is valid regardless of laches.

http://scholar.google.com/scholar_case?case=3002564197116842069&q=laches+child+support&hl=en&as_sdt=4,47

This is not a situation where laches would apply. Laches is for a situation where a legal position has not been claimed for many years, and then someone tries to assert it. For example, lets say that a child support order was made in 1980 for these now adult children, but the mother never made any attempt to enforce that child support order, and just NOW, when the children are in their 30's she attempted to enforce it and to collect arrearages. Laches might possibly be a defense.

However, this appears to be a case where child support has been an ongoing issue...and dad is still paying on the arrearages. Therefore it would not be a case where laches would be a defense.

Even if its somehow a new case/order, you already made the point that laches was not raised.

 

[OHRoadwarrior]

Then why are you here debating this? You are incorrect again, in likelihood. I'm not going to chase the case, however, a VA case, related to laches was raised on this type of issue also. An argument was made that since dad had not paid the correct amount of support for years, he should not be held to such a payment order. Before you counter, assuming dad has been held to this garnishment for the past 14 years, I will note it for you. The bottom line is laches would be dads only likely argument and case law in VA is against him.

This is not a situation where laches would apply. Laches is for a situation where a legal position has not been claimed for many years, and then someone tries to assert it. For example, lets say that a child support order was made in 1980 for these now adult children, but the mother never made any attempt to enforce that child support order, and just NOW, when the children are in their 30's she attempted to enforce it and to collect arrearages. Laches might possibly be a defense.

However, this appears to be a case where child support has been an ongoing issue...and dad is still paying on the arrearages. Therefore it would not be a case where laches would be a defense.

Even if its somehow a new case/order, you already made the point that laches was not raised.

 

[LdiJ]

The Doctrine of Laches consists of the following elements:
1. Unreasonable lapse of time.
2. Neglect to assert a right or claim.
3. To the detriment of another.
If these three elements are met, then the Doctrine of Laches will act as a bar in court.

If an adverse party unreasonably delays informing you of a right or claim and this results in permanent damage to your ability to defend your self then such a claim may be barred from court.

More can be read on the Doctrine of Laches here:

http://sheilalr.tripod.com/index-3.html

 

[Proserpina]

Oh I don't know. I mean y'all coulda done a quick Google...

http://vacode.org/20-108.1/

Use the searchy wearchy thingy wingy and type in "laches".

 

[Ohiogal]

This is not a situation where laches would apply. Laches is for a situation where a legal position has not been claimed for many years, and then someone tries to assert it. For example, lets say that a child support order was made in 1980 for these now adult children, but the mother never made any attempt to enforce that child support order, and just NOW, when the children are in their 30's she attempted to enforce it and to collect arrearages. Laches might possibly be a defense.However, this appears to be a case where child support has been an ongoing issue...and dad is still paying on the arrearages. Therefore it would not be a case where laches would be a defense.

Even if its somehow a new case/order, you already made the point that laches was not raised.

Wrong. Caselaw states that laches is NOT a defense to child support arrearages. Even in the example you have stated.

 

[LdiJ]

Wrong. Caselaw states that laches is NOT a defense to child support arrearages. Even in the example you have stated.

Gracie used to cite a couple of cases where laches was used as a defense to child support arrearages in a situation such as I described, which is why I used that example. I will refrain from using that scenario as an example in the future, because perhaps Gracie's cites were old enough that they
are no longer good law.

 

[Ohiogal]

See the following:
Stiles v. Stiles, 632 S.E.2d 607, 48 Va.App. 449 (Va.App. 2006)
Court of Appeals of Virginia, Alexandria
August 1, 2006
632 S.E.2d 607
48 Va.App. 449

AND
Taylor v. Taylor, 418 S.E.2d 900, 14 Va.App. 642 (Va.App. 1992)
Court of Appeals of Virginia
June 9, 1992
418 S.E.2d 900
14 Va.App. 642

In Virginia, laches may not be interposed as a defense to a support arrearage.

Laches is an equitable defense, but "even a court of equity, in an effort to do equity, cannot disregard the provisions of a lawful decree...."

Richardson v. Moore, 217 Va. 422, 423-24, 229 S.E.2d 864, 866 (1976) (quoting Fearon v. Fearon, 207 Va. 927, 931, 154 S.E.2d 165, 168 (1967)).

n the absence of statute, payments exacted by the original decree of divorce become vested as they accrue and the court is without authority to make any change as to the past due installments.

Id. 217 Va. at 424, 229 S.E.2d at 866 (quoting Cofer v. Cofer, 205 Va. 834, 838, 140 S.E.2d 663, 666 (1965)).

t is the obligation of [the obligated party] to pay the specified amounts according to the terms of the decree and ... he should not be permitted to vary these terms to suit his convenience. [If conditions change] ... his remedy is to apply to the court for ... relief.


Id. 217 Va. at 424, 229 S.E.2d at 866 (quoting Newton v. Newton, 202 Va. 515, 519, 118 S.E.2d 656, 659 (1961)). The rule applies to awards of spousal support or to unitary awards for spousal and independent child support. Id.

Laches IS NOT A DEFENSE to child support and this is NOT frivolous. Maybe if OP's stepfather hadn't been a deadbeat there would not now be an issue.

 

[splatter2]

Hello again.

Thanks to everyone for their responses. Some were helpful, others had a somewhat snide and rude tone, but I easily dismiss them. I'm helping to protect the interests of my mom and step-dad, something anyone would normally do. As for the questions posed...

The oldest was emancipated in 1996, the youngest in 1998. Neither child suffered from any disability.

The top portion of the Child Support Enforcement Transmittal document has an 'X' by Never Assistance.

The agency on the documents is listed as the VA Division of Child Support Enforcement, and the garnishment payments per the order are sent to that agency.

Personally, I am not trying to 'DO' anything myself, I am gathering information to HELP my family.

Date of Support Order 2/22/1982

Period of Computation 11-1-81 thru 3-6-2006.

Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!

Thank you.

 

[Proserpina]

Hello again.

Thanks to everyone for their responses. Some were helpful, others had a somewhat snide and rude tone, but I easily dismiss them. I'm helping to protect the interests of my mom and step-dad, something anyone would normally do. As for the questions posed...

The oldest was emancipated in 1996, the youngest in 1998. Neither child suffered from any disability.

The top portion of the Child Support Enforcement Transmittal document has an 'X' by Never Assistance.

The agency on the documents is listed as the VA Division of Child Support Enforcement, and the garnishment payments per the order are sent to that agency.

Personally, I am not trying to 'DO' anything myself, I am gathering information to HELP my family.

Date of Support Order 2/22/1982

Period of Computation 11-1-81 thru 3-6-2006.

Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!

Thank you.

Let's not forget that this is not your legal business.

You're welcome.

 

[stealth2]

Date of Support Order 2/22/1982

Period of Computation 11-1-81 thru 3-6-2006.

Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!

Thank you.

The part you seem to be missing is that your stepfather is apparently a deadbeat who did not support his own kids. It's a shame this is now coming back to bite him and your Mom in the rear, but that's what happens. Sorry, but no sympathy from here.