Skip to main content

Have docket call Circuit C coming to set a trial date on an appeal child support case. Can I serve interrogatories before this

Chesapeake, VA |
Filed under: Child support

to the other parent? Child turned 18, but is still full time high school student. DCSE will not enforce, even though it says till 19, if in high school. I know the other parent failed to disclose income and claimed health insurance expense; which is free through the military. DCSE took him at his word. He came to court w/ no documentation at all, not even a pay stub. I believe he has been making way more than he reported and he also receives military retirement pay.

Attorney Answers 1

Posted

Your child support order should say until 19 or 18 and has graduated high-school, whichever should occur 1st. I am puzzled by the reference to DCSE not enforcing. The custodial parent may have closed their case with DCSE. The Division of Child Support Enforcement is optional, so it does not surprise me that the parent might have close their case.

I think you real issue is on the evidence. You feel that the other parent is failing to disclose income. You have the right to issue to discovery but you need an attorney to assist you. You may want to considered issuing an subpoena for his pay information directly to his employers.

You definitely need to sit down with an attorney to assist you.

Mark as helpful

1 found this helpful

2 lawyers agree

3 comments

Asker

Posted

Hi, Thank you, I am the custodial parent. Provided all paperwork DCS requested to show child remained in school after 18. It is a court order for wage withholding because of the previous time of non payment. My Oder does state till 19 , if still in school, but that hasn't help me at all. Our child is also disabled, so she's on an IEP. DCS (I have the letters from them) says they will not enforce it and closed the case around 9-5 w/ them.

Michael David Thomas

Michael David Thomas

Posted

If your child is not yet 19 and still in high school, you, by yourself, can file a show cause against him. DCSE can close their case but they cannot terminate your order.

Asker

Posted

Thank you.

Child support topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics