Child and Spousal Support/DCSE
(Division of Child Support Enforcement)
**CHILD SUPPORT:
- A parent or other person who has custody of a child may seek support from the parent who does not have custody. You can do this by obtaining a Petition directly from the Intake Office that you then file with the Court or by signing up for services with DCSE, the Division of Child Support Enforcement. You can sign up with DCSE at any time, even after a support order has been entered. If you want to modify an existing Culpeper J&DR child support Order, you can file a Petition to Modify directly with the Clerk.
- The Charlottesville Office of the Division of Child Support Enforcement serves Culpeper County. DCSE support cases are heard in the Culpeper J&DR Court on the 1st & 3rd Thursdays of every month. Non-DCSE cases are heard on other days.
- DCSE can
• represent you in Court and
• can help enforce the Court order to pay support by filing a show cause against the person who owes the support, by suspending that person's driver's license and by garnishing that person's tax refund.
- If you sign up with DCSE, their personnel will help you fill out an application and will provide a Court representative to go to Court with you to assist you in obtaining a child support order. DCSE may also be able to establish a support amount at their office without the parties having to go to Court. This type of Support Order is called an Administrative Support Order or ASO. If the person who owes support does not pay as required by the order, DCSE can help enforce the order by filing a show cause against the person who owes the support, by suspending that person's driver's license and by garnishing that person's tax refund. You can still file your own show cause through the Clerk's Office even if you have signed up with DCSE.
-What Information Must I Provide in a Child Support Case?
a.) The home and work addresses of the other parent and that person's social security number. (To be provided to the Intake Officer)
b.) Records of your monthly salary (such as pay stubs).
c.) Records of the other parent's monthly salary (such as pay stubs or tax returns). Sometimes this information may not be available to you. This will not prevent you from filing for child support.
d.) Your monthly expenses, including unusual medical and dental expenses, work-related child care costs.
e.) The cost of health, dental and vision insurance for the child.
f.) The cost of child care for the child.
g.) If the parents each have the child for more than 90 nights a year, the Court has to use a shared custody guideline. The parents will need to calculate the number of nights that each parent has the child.
-When either the Court or DCSE determines child support, a guideline support amount, based upon the State law, is calculated. Either party may ask the Court to set support in an amount more than or less than the guideline support amount. Here is a Child Support Guideline Calculator for sole custody cases: http://www.supportsolver.com/2004/dc637_04.htm
- If you sign up with DCSE, their personnel will help you fill out an application and provide a Court representative to go to Court with you to assist you in obtaining a child support order. DCSE may also be able to establish a support amount at their office without the parties having to go to Court. This type of Support Order is called an Administrative Support Order or ASO.
- For more information on the Division of Child Support Enforcement contact the district office located at:
DCSE Valley Office, 1550 Commerce Rd, Staunton, VA 24401 (540) 332-9915
Mailing Address: DCSE, The Valley Office, P. O. Box 28450, Richmond, VA 23228-8450
Main DCSE Phoneline: (800) 468-8894
Fax: (434) 293-8001
http://www.dss.virginia.gov/family/dcse/index.cgi
- To mail your monthly child support to the Treasurer of Virginia for the Virginia Department of Social Services, Division of Child Support Enforcement, you must use the following address:
• Division of Child Support Enforcement
P.O. Box 28990
Richmond, VA 23228-8990
- Your payment MUST contain the following:
1. Check or money order made payable to the Treasure of Virginia
2. Print on the check or money order:
• Your name and social security number.
• Name of the person receiving the support as shown on your support order.
• The DCSE ID number (not the Court docket number) shown on the first page of your support order.
- Child Support Resources: http://www.dss.virginia.gov/family/dcse/links.cgi
- Collecting Back Child Support:
If the person who owes you support falls behind in the support payments, you, or DCSE on your behalf, can file a show cause against the person who owes the support. You will need to provide the Clerk with a good address so that the show cause can be served on the other parent. You must provide the Court with information about what was owed and what was paid.
Because the non-paying parent may receive jail time on the show cause, the non-paying parent has the right to consult with an attorney and may qualify for Court-appointed counsel. At the hearing on the show cause, the Court will receive evidence from the parties as to the payments that have been made. If DCSE is involved in the case, the DCSE caseworker will provide this information to the Court. If the Court finds that the non-paying parent failed to comply with the Court Order, the Court will fix the amount of arrears, or back support owed, and may order a monthly payment or one-time payment to cover the amount owed. Among the options available to the Court are (1) to continue the case to monitor payments, (2) to make the non-paying parent a monthly payor and (3) to require the non-paying parent to purge or report. Monthly payors are given a jail sentence and must pay each month, appear in Court or report to jail to serve the sentence. If a non-paying parent is given a purge or report Order, the parent must pay an amount set by the Court or report to jail to serve a jail sentence.
**SPOUSAL SUPPORT:
- If you are married and want the other person to help you pay your monthly bills, you may ask for spousal support. Like child support: spousal support is based on income and need. To start a spousal support case, you must obtain a Petition directly from the Intake Office that you then file with the Court. If you have an Order for child support from your former spouse that is paid through DCSE, the spousal support can be paid through DCSE also. The Intake Officer will need the home and work addresses of your former spouse. If you want to modify an existing Culpeper J&DR spousal support Order, you can file a Petition to Modify directly with the Clerk.
- What information must I provide in a spousal support case?
a.) The home and work addresses of the other parent and that person's social security number. (To be provided to the Intake Officer)
b.) Records of your monthly salary (such as pay stubs).
c.) Records of the other person's monthly salary (such as pay stubs or tax returns). Sometimes this information may not be available to you. This will not prevent you from filing for spousal support.
d.) Your monthly expenses. If you know the monthly expenses of the other party, that will be helpful.
- Section 16.1-278.17:1 of the Virginia Code provides a formula to be used by the Court when determining a temporary amount of Spousal support. The formula does not apply to cases where the parties' combined monthly gross income does not exceed $10,000.
If the parties have minor children together, the presumptive amount of an award of temporary spousal support shall be the difference between 28% of the payor spouse's monthly gross income and 58% of the payee spouse's monthly gross income.
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Sample Calculation-With Children:
Calculation of Suggested Alimony Order:
Mark’s Gross Income of $125,000 x 28% --------------->$ 35,000
Mary’s Gross Income of $ 25,000 x 58% --------------->$ 14,500 ---Difference of $20,500
Presumptive Amount of Annual Alimony $ 20,500 from Mark to Mary.
If the parties have no minor children in common, the presumptive amount of the award shall be the difference between 30% of the payor spouse's monthly gross income and 50% of the payee spouse's monthly gross income.
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Sample Calculation-No Children In Common:
Calculation of Suggested Alimony Order:
Mark’s Gross Income of $125,000 x 30% --------------->$ 37,500
Mary’s Gross Income of $ 25,000 x 50% --------------->$ 12,500 ---Difference of $25,000
Presumptive Amount of Annual Alimony $ 25,000 from Mark to Mary.
The Court may deviate from the presumptive amount of Spousal support for good cause shown, including any relevant evidence relating to the parties' current financial circumstances that indicates the presumptive amount is inappropriate.
- Collecting Back Spousal Support
If the person who owes you support falls behind in the support payments, you can file a show cause against the person who owes the support. You will need to provide the Clerk with a good address so that the show cause can be served on the other person. You must provide the Court with information about what was owed and what was paid.