I am going to tell you the facts about what has gone on in our case in regards to the state of Virginia. I have all the copies of letters that I sent and the letters and forms that were sent back in return.
March 2000 - I wrote to the state of Virginia and informed them that the child support order that they were using was old. The amount of earnings that my husband made then had drastically changed. As had his marital status and the amount of dependants living in the home. (We live in Aroostook County, Maine)
I did most of the writing and my husband signed all the documents.
March 2000 - A "contact letter to the noncustodial parent" came. It stated that the ability to pay child support needed to be assessed. It also had some paperwork to fill out regarding our financial status.
August 2000 - A letter was sent to us stating "The review showed justification for a change in the amount of the support obligation. Your obligation will change from $550.00 per month to $308.00 per month." It had a highlighted statement in one of the paragraphs that stated "If you disagree with the review results regarding the adjustment of your child support order, the court will give you an opportunity to have a hearing." It went on to state "If you agree with the results of the review, then you do not need to take any action when you receive notice from the court. The court will enter the order after the thirty day time limit has passed."
Nov 2000 - After a request from us to find out why nothing had changed, it was long passed the 30 days. The response "Your case has been referred to court. You can expect a court date late December or early January 2001".
Feb 2001 - Another letter "Due to the large volume of court cases the past several months, we are unable to give a specific time when your case will be heard. The court assigns the dockett dates. Please allow at least 4 - 6 months. Thank you".
Feb 2001 - Sent a letter to Claude A. Allen, Secretary of Health and Human Services. Asked him to look into the matter.
Feb 2001 - Received a response from Mr. Allen. Here are some quotes: "You and (the ex) were sent financial statements to complete and your statement was received on April 18, 2000. (the ex) financial information was not received in a timely manner, and the DCSE staff also needed verification of the number of your dependants. The review was completed on August 13, 2000, and the Williamsburg Circuit Court was requested to remand the proceedings to the Chesterfield county Juvenile and Domestic Relations Court, which would have been the appropriate court since (the ex) resides in that jurisdiction.
On September 13, 2000, the order to remand was received in the Henrico District Office; however, the circuit court had remanded the order to the Richmond JDR instead of to the Chesterfield County JDR, and therefore, an intrastate request to the Richmond district Office was necessary. Once an order has been remanded, the case must be heard in the lower court that was designated."
And again "The Richmond JDR will summons you once a date for the hearing has been set. It will be necessary for you to attend the hearing in Virginia, or you have the option to retain the services of an attorney who can represent you at the hearing".
March 2001 - Sent Mr. Allen another letter. Informed him that affording either a trip to Virginia or obtaining a lawyer was not possible financially. Asked if there was legal counsel available for this type of situation and with the lack of funds available.
April 2001 - Mr. Allen responds "DCSE does not provide or arrange legal representation for individuals. It is your decision whether to appear at the hearing and /or obtain legal counsel. If you wish to challenge the modification, you would definitely need to appear and provide copies of your recent pay stubs."
Summons arrived had a July 2001 court date.
August 2001 - Another letter from DSCE "We have been advised that the court is requesting your appearance on 1/12/2002, to review your current financial position on the day of the hearing, it is suggested you bring your current pay stubs and a copy of your tax return. Thank you".
August 2001 - sent a letter to the DCSE appeals office explaining in detail all the same things that I have stated thus far. Letter for letter, date for date. Asked what exactly we were supposed to do in order to get this solved.
August 2001 - Their response "Your next court hearing is 1/21/02 at 10:25 am, Richmond JDR Court." "You are requested to appear. Thank you."
August 2001 - Appeals office "No appealable administrative action pending. A copy of your letter has been forwarded to the Henrico District office for a response.
September 2001 - Another letter. Another request that we be there. "If you are unable to attend, write the court at the following address".
September 2001 - Did just that.
December 2001 - Received summons for January court date.
December 2001 - My husband threw his hands in the air. The handcuffs were almost visible.
Now for the personal aspects of this story: My husband and I are happily married and raising my 3 children aged 15, 13, and 10. We both work. I collect no support from their biological father. I raised them on my own for 5 years before my husband came into the picture. With the divorce came the child support order for $85.00 per week from my ex. My husband has 2 children with his ex and is required to pay $157.68 per week. It is taken directly out of his check. He pays $8199.00 per year in child support which continues to grow and never gets to be less. He then earns that much less a year, yet has to file taxes on the higher amount of the income. His ex-wife earns $8199.00 per year tax free. Every tax season, I have to fill out the injured spouse claim in order to get back any monies. None of it is allowed to count as child care, even though that is what it is supposed to be used for.
Our children are constantly being told "no, we cannot afford it" meanwhile you know who gets all the best. I would be lying if I said that it breaks my heart that we can not have this issue fixed. I am not saying that my husband should not pay child support, but this is not equitable at all.
We simply wanted to modify the amount. He earns nothing near to what he was earning in Virginia. He has a new family. If she got a new relationship, she could collect from 2 sources, he is left to struggle to exist. Where is the equity in this?
I appreciate your site. I really hope that others join in this fight and begin to be so vocal about it that the fools in office cannot plug their ears to it anymore.
Thank you again for what you are doing. Feel free, if there is anything in this letter, to share this story with others.
Sincerely,
Michele A. Guyan