Summary
In Virginia, the custodial parent or a child over 18 can take legal action against the noncustodial parent for child support arrears. Options include filing a petition for contempt in court, seeking wage garnishment, and requesting interception of federal tax returns. If the child support department has been negligent, a complaint can be filed against them. In cases where the noncustodial parent is hostile, the child can request a protective order, seek a confidential address program for protection, and use a safe address when filing court paperwork. If the noncustodial parent cant pay the arrears, their income could be garnished, federal tax refunds might be intercepted, and they could face jail time for contempt of court.Full Conversation
Sure. This is a child support case in which the noncustodial parent has not payed in well over 6 years. the last payment was a government snatched stimulus check. The child support department in my area has not sent notices, claimed anything, or taken legal action on this case. I'm looking for a way to hold both parties accountable. I do only have one question though.
I understand your situation. In Virginia, you can take legal action against the noncustodial parent for child support arrears. Here are your options:
*. File a petition for contempt in court.
*. Seek wage garnishment.
*. Request interception of federal tax returns.
Can you please clarify your question so I can assist you further?
Yes, to my knowledge, the child support department has not asked for income records, tax records, they pretty much abandoned the case, and the child would like to take further action if the law permits. what are the options? also, has it been brought up in court that the child support department mishandles cases? Is this a common occurrence?
In Virginia, the child (if over *) or the custodial parent can:
*. File a complaint against the Child Support Enforcement Division
*. Consult with a lawyer to explore further legal recourse
Regarding mishandling of cases, it depends on specific circumstances and would be best addressed in court.
I fear taking action because i know how hefty these allegations are, and the noncustodial parent has a violent criminal history, and is hostile and unpredictable. If the child took action in this matter, would the courts protect them?
Yes, courts prioritize safety in such cases. In Virginia, the child can:
*. Request a protective order against the noncustodial parent.
*. Seek confidential address program for protection.
*. Use a safe address when filing court paperwork.
Can the child directly pursue legal action against the parent for financial neglect ?
In Virginia, a child cannot directly sue their parents for financial neglect. However, the custodial parent can take action on the child's behalf. This might involve enforcing a child support order or filing a new claim for child support.
if child support has expired, can the child thus claim the money owed by the parent?
In Virginia, even if the child support order has expired, the noncustodial parent still owes the unpaid child support, referred to as arrears. The custodial parent or child (if over *) can pursue these arrears legally.
So the child over * can pursue arrears from the parent in court?
Yes, in Virginia, a child over * can legally pursue any unpaid child support, or arrears, from the noncustodial parent in court.
what action is taken in that scenario, if the child pursues the unpaid amount, but the noncustodial parent cannot supply? how will they be reimbursed, and what happens to the noncustodial parent?
In Virginia, if the noncustodial parent can't pay the arrears:
*. Their income could be garnished.
*. Federal tax refunds might be intercepted.
*. They could face jail time for contempt of court.
However, inability to pay must be proven in court.
can the child get a restraining order against the parent in case of harassment?
Yes, in Virginia, a child can obtain a protective order against a parent if there's evidence of abuse, threat, or harassment. This includes:
*. Emergency Protective Order (EPO)
*. Preliminary Protective Order (PPO)
*. Permanent Protective Order (PO)
what is defined as a threat as evidence for a protective order
In Virginia, a threat for a protective order can be defined as:
*. Any act of violence, force, or threat.
*. Any physical harm or fear of physical harm.
*. Any abusive behavior creating fear of physical harm.
Remember, evidence for these can include text messages, emails, or voicemails.
One more, is it common for child support departments to be taken to court for negligence and misconduct of cases?
While it's not common, child support departments can be held accountable in court if they have failed in their duties. The best course of action in Virginia would be to consult with a lawyer to discuss the specifics of the situation and potential legal remedies.
thank you so much, again this is a mess, but i appreciate your help. Have a wonderful day!
You're welcome! Don't hesitate to reach out if you have any more questions in the future. Wishing you the best in this situation. Have a great day!
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