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Posted: Wed Jan 13, 2010 12:59 pm
by pebbles04
I am not sure if anyone will know the answer to this question, and if so if it is the answer that I would like.

I know I have gone on website after website and seen that child support (arrears) can be charged to someone even after their rights were terminated. Then I read something that said if rights were voluntarily terminated. Something has got to give.

I have been upset today, because I got a letter from the Sheriff's office requesting that I call them due to having to be served a show cause. Given I am not paying each month (it is arrears--and my rights have been terminated for 6 years or more) I have paid them about 2500 dollars in a year and a half. So why are they getting off my back?

Is there anything I can do? My husband is in the navy, and we cannot afford for something to happen to me due to a show cause. We pay what we can. My money is not going to make or break anyone, because they are adopted. Can someone help me?

Posted: Wed Jan 13, 2010 5:14 pm
by Marina

In Virginia, you are only liable for the time the children were actually in foster care, not after TPR. But you are liable until it is all paid.

If they try to tell you otherwise, this court case shows how it works.

The "show cause" is for failing to show up in court for a hearing, not for failure to pay child support on time.

The actual child support hearing is for failure to keep up with payments.

Courts are not amused by missed court dates. Even if you have a good reason, like you moved or something like that, you may have to pay court costs for a "show cause" hearing if it is separate from the child support hearing.

Look up "child support" on the state gov. site to see how they calculate your monthly payments. It may be that the payments could be reduced for just cause.


Posted: Wed Jan 13, 2010 7:20 pm
by pebbles04
No, I am not aware of any court date. I was told by the Sheriff it was not for a show cause for not appearing in court, but that they said I was not paying support. I do not have money to pay them each month. We have issues as it is. Where am I going to get the money? They have also had over 2000 dollars in a year and a half yet the amount of support on ALL cases has not gone down at all. It has been the same. It does not go up or down. When I call them they say ohhhh well the reason is because of interest. Sadly enough that is crap, because if it were interest it would not be exactly the same as it was prior. They are playing games as I am sure you guys know they do. Either way the Sheriff told me the show cause was for lack of payment. Yet again they have had over 2000 in a year and a half and it is an arrears case only.

Posted: Wed Jan 13, 2010 7:34 pm
by Marina

Look on the VA gov site map for child support info.

They can be pretty brutal, no matter how you look at it.


Posted: Wed Jan 13, 2010 8:06 pm
by pebbles04
What exactly do you mean by brutal?

Posted: Fri Jan 15, 2010 8:36 pm
by LindaJM
Pebbles, not knowing exactly what's going to happen is causing you a lot of stress. Maybe it would be best to pick up the paperwork and deal with it ASAP. Maybe they need to serve you papers to appear in court. The Sheriff does that.

If you're going to court you might be able to use Greg Smart's idea to tell them they're double-dipping because they already got paid for your child from the federal government.

Here's the post about that.

(And a note to Marina: you never fail to amaze me with your vast understanding of child welfare law. Thank you!)