The Chesapeake DCSE office isn't apart of DSS, it is a pilot office, where the service is out source to see if the State can Save money by out sourcing DCSE services to Private contractor. Click here to Go to their Website.

FW: PWC JDR Court Judge declares EVERY SINGLE DCSE Order against me back to the beginning in 2001 to be VOID AB INITIO!!!

 

Great News

From: David Briggman [mailto:briggman@gmail.com]

Subject: PWC JDR Court Judge declares EVERY SINGLE DCSE Order against me back to the beginning in 2001 to be VOID AB INITIO!!!

 

Folks,

I wanted to give you all an update onmy fight against DCSE and their NAZI tactics and void orders.

On Thursday, I was in JDR Court before former Fairfax County Judge Michael Valentine (this guy's got a cool and distinguished resumé) on a Rule to Show Cause for violating a 2005 order — which had been superceded numerous times — but the first order of business was the Demurrer I had filed.

DCSE filed not only a response to the Demurrer, but a motion for sanctions both against me, as well as John Bauserman should he have agreed to argue to the Demurrer on my behalf — which John did quite capably).

Let me preface this by stating I was 100% that Judge Valentine wanted to bury my sorry ass under the Prince William County jail back in February, but I elected to "come current" on DCSE's alleged arrearage prior to the hearing.

On Thursday, I had already prepared a Notice of Appeal (which I think is a good idea for anyone going through a show cause hearing in JDR Court)...but after about 15 minutesof preliminary matters, I had already concluded I wasn't going to need the Notice and I balled it up quietly and placed it beside me on the table.

The sole issue issue we orally argued from the Demurrer was the "non-attorney employee of DCSE" signing legal pleadings — the first they did on my behalf in 2002, which reduced my support obligations for a couple of months retroactively back to the date of filing in 2001. Our argument was that this order — and every single order based on this order were void ab initio on grounds that they were either based on a void order or were void themselves.

While the judge stated that he was in favor on the amended legislation so far as it permits non-attorney employees to practice law by signing these pleadings, he stated that "any first year [law student] would know that the retroactive application of this legislation (which is clearly written into the law) is UNCONSTITUTIONAL.

Ultimately, the Judge sustained my Demurrer and dismissed the Rule to Show Cause. DCSE has 10 days to appeal to Circuit Court...John begged them to do so on my behalf and I ended up laughing my ass off all of the way out of the courtroom...the Judge denied DCSE's motion to reconsider, telling them to take it to Circuit Court.

Needless to say, both John and I were stunned, but we feel that this is the first post-enactment finding on the side AGAINST DCSE and will likely end up again back on the front cover of Virginia Lawyer's Weekly for all attorneys throughout the Commonwealth to read.

What does this mean for me? I think it'll mean an elimination of several thousands of dollars — if not the entire balance of the $13,000 arrearage...should any of you want what is known as the "Briggman defense" in it's complete form, simply email me.

It was a glorious day for non-custodial parents throughout Virginia and could be the beginning of the vacation of 1,000,000 child support orders throughout the Commonwealth.


Dave Briggman

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SUPPORT CHECKS LOST IN STATE SYSTEM

Ever since the state lost their child-support payments, how well Jeffrey, David and Bobby eat depends on how well they pull crabs and croaker from the Chesapeake Bay.

For a decade, their mother, Kimberly O. Tompulis, figured the father of her two oldest boys was ignoring them. She hardly heard from him and received little or no financial support.

But in late May, Jeffrey and David's grandmother sent a letter. Things must be easier with those support checks coming in from her son, she wrote.

Tompulis started: What support checks?

Eventually she found out that the father has been sending child-support payments for a year. His paychecks were being garnisheed in Illinois, and the money sent to Virginia's Division of Child Support Enforcement. Virginia officials never told Tompulis about the payments - and then sent them back to the father after she didn't claim them.

It wasn't the first time that a state computer or bookkeeping snafu - one of many problems in the overburdened, largely ineffective system - has kept Virginia children from receiving money paid on their behalf. Across the state, only half the estimated 350,000 child-support cases have obtained legal orders for payments by absent parents. Only a fourth receive any payments at all.

Tompulis lived with Jeffrey and David's father for eight years but never married him. She has received little support in the decade since she left him, but she has kept in touch with his parents. She later married and separated from the father of her third son, Bobby.

Tompulis, 37, sometimes worked multiple jobs - waitress, nursing assistant - to help support her family. The last time was in the spring, but she had to quit as a waitress and short-order cook because she couldn't find a suitable sitter for her boys. David, 11, was hospitalized for two years with emotional disorders and still requires special care; Bobby, 8, was born with one arm. They and Jeffrey, 12, are in therapy.

The family made do with Navy support

checks from her estranged husband, disability payments for David's care and food stamps. They've lived since last year in a weatherbeaten house yards from the Bay.

Masking tape covers two long cracks in the front door, and photos of the boys cover the walls.

Their mother sleeps on a living-room couch that has a spring sticking out the bottom. They were getting by.

But things got worse when another bureaucratic foul-up temporarily stopped the Navy checks. The family ran out of money.

While Tompulis fruitlessly sought answers, her boys were waking to breakfasts of one scrambled egg apiece washed down with tap water.

And in the evenings they often fished for their supper. Their landlord's patience was waning; he already had given them a five-day notice, although he held off evicting them.

``It's the 8-year-old's birthday today,'' Tompulis said last month. ``Who's going to tell him there's no birthday cake?

``All I know is, it's desperate now. I'm desperate.''

She called Virginia child-support officials four and five times a day from a neighbor's phone. Usually she couldn't reach anyone, and few of her calls were returned, she said. But slowly she found out things.

Her case had been declared inactive years earlier. The payments from Illinois couldn't be found.

Viola D. Prince, a case manager for the Norfolk Community Services Board's Mental Health Unit who worked with the family, tried to help, but also grew frustrated.

``I have never had a situation so complicated where the money was there and she can't get it,'' Prince said. ``I got information from the state of Illinois in two or three hours, and Virginia said it couldn't get it.''

An Illinois Division of Child Support Enforcement spokesman said Jeffrey and David's father has been sending $130 to Virginia authorities every two weeks since July 1993 - a total of more than $3,000.

By early July, a Virginia DCSE caseworker said they had located some of the money in a holding account in Richmond. ``All I have to do is push a button, and within 48 hours you'll be issued a check,'' Tompulis said the caseworker told her.

The family celebrated. They enjoyed a rare dinner out. They raced through Roses, splurging on long-postponed new clothes, shoes, even Mighty Morphin Power Rangers toys. ``We blew a lot of money,'' Tompulis said.

But no check came. The caseworker was on vacation. When he returned, he said the money wasn't there anymore. Illinois didn't have it, either.

The family missed its July rent payment. The Community Services Board helped them find some money for groceries, but crabbing and fishing took on added urgency.

``We eat a lot of crabs,'' Tompulis said, smiling wanly.

A DCSE official called Tompulis in mid-July, the same day a newspaper reporter called the agency inquiring about Tompulis' case. The official criticized her for taking her case to the news media, Tompulis said, but also sent her a check for $130. The money went for groceries and a few birthday hats for Bobby's postponed party.

Officials promised more, but nothing came for days, until last week. To tide the family over, the state sent a check for $520 via Federal Express from a state emergency fund.

The money will be deducted from the money Tompulis' children are owed.

Elizabeth T. Ray, district manager for the Norfolk DCSE office, said Tompulis apparently didn't return a postcard sent to her when her file was purged in December 1992 for being inactive.

Under the old computer system used before this year, there was no cross-index to let workers know she was also getting support payments from a different father at her current address.

The money from Illinois went into an unclaimed account for almost a year, and in mid-May was returned to the father. Tompulis learned about the payments and began asking for them 11 days later.

``I can't say definitely what happened,'' the DCSE's Ray said last week.

``I guess I would have to say she did not always let us know when she had a new address. Yes, we had pieces of mail come back . . . but it didn't mean all cases were updated.''

Tompulis is still waiting for more checks. Ray promised that the DCSE will go after the money it returned to the father in Illinois, and will seek his bank accounts if he has any.

``I have no doubt she's in desperate need,'' Ray said.

Tompulis said she'll believe everyone when she sees the checks

No Dead-Beat Dad, ruin of credit report, stealing from dad, stealing from new wife Virginia Beach Virginia

Warning!! DCSE in Virginia will ruin you through your credit report by falisification. It doesn't matter if you have paid everytime and on time since court ordered to do so. They send it to the credit bureau as an 'arrearage' which is a false statement of fact.

I am the new wife. We've been married only a year. I have been medically retired and am on disability. Our first tax year together and we filed jointly. Virginia DCSE is taking the complete State Tax return. (Federal law allows for 'injured spouse')

They even denied us the right to an appeal hearing, using antiquated codes spouting 'Not a mistake of fact'-'appeal denied as your basis for contesting the state tax intercept does not relate to an error in the amount of delinquent support owed'. Can you Believe! Of course it doesn't you blooming idiots it relates to the fact that you are stealing from me. I'm in the process of finding out if I can file a civil case against them.

What hog wash is this? I've been on the other side of the fence and obviously my ex got it oh soooo easy. They are sticking it to my new husband who is NOT a dead-beat dad. He has paid regularly and on-time every time since the court order came through. The children are 24 and 29.

When I contacted DCSE they told me that basically things had to be this way because of Dead-beat dads, then why is it I'm reading here about all the dad's that are getting away with it and one of the good guys is getting skunked at every turn?

This is pure crap and I'm not going to take it lightly. I've already initiated a few inquiries and when I receive the information about the codes/regulation/rules governing their procedures I will be hounding the Virginia Governor, Lt. Governor, Attorney General and any and all others concerned, not to mention the civil case.

My husband's ex moved to CA with thier children when the youngest was one and my husband was only just reunited with the youngest a year ago. The courts refused to tell him where his children were or how he could contact them, or even to send his information to the children.

So how is it right that he should get skunked like this? I am not saying it's the ex-wife's fault, she had been told they would give the father information to contact the children and when she didn't get the father's information she assumed he didn't want contact. The court system shouldn't be allowed to do the things they do either.

On top of all of this, I requested a full summary of payments (the report) and they have 'misplaced' some of his payments. At this point it looks as if they have cheated him by nearly $2000.00.

This of course has not effected the interest so they not only have cheated him by $2000 on payments but they didn't miss a chance to add more interest. Once he pays the bulk of his child support it will take nearly 10 more years to pay off the interest. Oh and did I tell you...when the divorce was done the court didn't address child support, so when the children needed services from CA it was then that child support was addressed...hence their terms of 'arrearage'.

I asked where the interest they are charging will go. They said to the custodial parent. I'd like to think they were telling the truth, but I don't.

Diane
Virginia Beach, Virginia
U.S.A.

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Virginia Division of Child Support Enforcement (DCSE) corruption

Gretchen Irene Scalf (nee Rust) is the ex-wife of Daniel Bruce Scalf. In front of witnesses she vowed to destroy him, detailing how she would accomplish this. She would destroy him financially, his career, his relationship with his children and his reputation. She committed perjury when she denied she ever declared this. There were plenty of witnesses to the contrary.

She was caught lying several times and the Commonwealth Attorney (of Virginia) will not prosecute her. She was caught lying about having a venereal disease. She denied it although she had been hospitalized with systemic gonorrhea. She also found out as part of her post-menapausal check-up that she has pre-cancerous squamous cell development. This necessarily means that she has been promiscuous since this syndrome is derived from multiple infestations of different varieties of the human papaloma virus.

She also lied about her relationship with Floyd White, her paramour. There is plenty of documentation of him staying overnight for over 18 months. Mr. Scalf lost his job in February 2000 and filed an abatement of spousal support. Gretchen filed a false affidavit with the Virginia Division of Child Support Enforcement (DCSE), which was pointed out to them. After it was proven to DCSE that she had lied, they did nothing to her and pursued alimony collection, garnishing half Mr. Scalf's wages starting December 2000. Now they have confiscated his bank account. This has been done despite the fact that he has been waiting and has been stalled for 18 months. He filed an appeal through an attorney, which DCSE has yet to recognize so they can continue their gestapo tactics, headed by caseworker Kimberly L. Siock-Cubbage, (800) 462-0983. This is not about fairness, but about torture and retribution. Why was there no punishment of the plaintiff for lying? It took Mr. Scalf several hours (at least 34 hrs.) on the phone and writing letters and faxes to straighten out her lies.

Additionally, the plaintiff has effectively destroyed Mr. Scalf's relationship with his children. There is no price that one can put on this. Gretchen was found in contempt of court on three specific occasions for interfering with Mr. Scalf's visitation with his children. Furthermore, she was warned several other times. The last time she was fined $500, which she has not yet paid.

To top it off, she has not turned over items from the divorce, not paid for half of the Survivor's Benefit Program, as per the court order (Mr. Scalf is a retired Army officer), and has not returned the overpayment of his pension pursuant to a disability payment. She also stuck Mr. Scalf with her Home Owner's Association payment, for which she was to be liable, according to court documents. This happened because the court had pity on her, gave her the house and made Mr. Scalf keep his name on the mortgage. So, the HOA came after Mr. Scalf. The total owed, plus amortized interest at the judgement rate is $11,759. Her comment to Mr. Scalf was that he will have to take her to court to get it (the money) which means more money for an attorney she knows Mr. Scalf doesn't have.

More to come: Gretchen's Psychological Profile and her conspiracy with John Thornock, General Counsel, DIA to take Mr. Scalf's property and to accuse him of espionage.

Please help him get his money back.

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Sara's story

My husband's ex-girlfriend left and moved to Virginia Beach with their daughter. In April '06, shortly after my husband and I started dating, she filed for and recieved TANF payments for 2 kids by DCSE. She recieved those payments for almost a year before filing for current child support, which was also done for 2 kids.

When we recieved this order and saw it had been done for 2 children, we wrote an appeal and hired a lawyer in VA Beach. Because we live in Charleston, SC we had our hearing by phone. Our lawyer was present at the hearing and still failed to mention that the case was filed for 2 children. We didn't relize that untill the Hearing Officer asked for any final questions!

When my husband brought this to her attention, I noticed the ex's case worker seemed rather startled. When the Hearing Officer asked her about it she said she had made a mistake. The Hearing Officer then corrected both the current and past due amounts. Then we were told we had 10 days from reciept of the final judgement to appeal it to the Juvenile Court. When we didn't get anything in the mail, my husband called DCSE and was told that we actually had 10 days from the DATE of the hearing to appeal to Juvenile Court and that we had to request a copy of the final judgement to be mailed to us.

I do not remember exactly what the hearing officer said but I thought theyd send all the corrected documents for us to see and then we'd have 10 days to appeal to Juvenile Court. We requested the documents be sent to us and I wrote the appeal even though we had exceded our 10 day period. I explained that we may have been given false or incomplete information at the appeal and still, 3 months later, have had no reply from the Juvenile Court.

When we got the final decision the amounts were scratched out, re-written, and initialed by the Hearing Officer and the only corrected document we got was the worksheet for the current child support and on that document they simply wrote the corrected past-due amount and the dates. Since 7/07 my husband has had the current support and a portion of the past-due TANF garnished from each pay-check but we recently recieved a statement saying we owe almost $1000 more than the amount that was decided at the appeal, close to the amount of the original TANF that was done for 2 kids. His wages are being garnished for a portion of that TANF AND his current support. Even with interest his TANF would be LESS in his statement of TANF account.

When my husband called DCSE about this recent statement they told him a totally different amount. It was less than the statement but more than the final judgement. The point is that a portion of each payment is supposed to go to the PAST-DUE amount but it just keeps getting higher and soon they will probably intercept it from our taxes this year. We still have not gotten to the bottom of this TANF but the fact still remains that this government agency was able to file past-due and current child support for 2 children when they only had birth certificate and ss card for one child, and that alone is a serious mistake.

Sara
Charleston, South Carolina
U.S.A.

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VA DCSE DCSE will take your money but only by force! Richmond Virginia

I separated from my husband and subsequently received assistance for 30 days from my local social service department. With that assistance I was required to file a petition for child support through the DCSE. I have had an awful experience with them in the past, but did what was required in order to receive assistance. Four months into my dealings with DCSE, payments that were withheld from my spouses check were either never distributed or they were applied to his other existing child support case. Leading to the frustration I had with this agency to resurface. On many occasions I would call their 1-800# to inquire of my payments, and be told that nothing was received. Even though I had my spouses paycheck stubs in my hand, and could see that money was withheld for both cases and forwarded to the agency.

Finally, I had had enough and worked out an agreement that my spouse would pay me directly. I personally went down to the local office and gave them a letter requesting closure of my case. I was informed at that time that a balance (less than $1000) was still owed to the state. Once that was paid the case would be closed. They would send another change in payee notice to the employer lowering the payments from the regular withholding, but just enough to pay off the balance. I was advised it would take 30-45 days for this transaction to take place. I asked for a copy of my request to close the case, and a print out of what was owed to the state.

I then informed my spouse of what would take place. At that time I told him not to trust the agency to apply the payments correctly, and to just pay it off in one lump sum! Two months later my suspicions came true. My spouse received a letter from DCSE demanding he pay off the balance, now with interest. If he could not then they would withhold support from his wages, issue liens...etc. etc.

Now let's not forget that a support order is already in place! Just as I had predicted all money received to pay off this minimal sum was forwarded to his other case.

Okay, this is where it gets crazy....we both went down to the office with a folder filled with documents. The demand for child support paper sent, the request to close the case, the adjusted wage withholding sent to his employer, his paycheck stubs, copies of the checks from his employer showing payments were sent. We both thought that this would help them see the error they made....we were wrong!

He was informed that the money received for my case would go to the current case that is open, and be applied to any arrears until it is paid off. In the meantime my case (which I requested be closed) would remain as is collecting interest. Then when I questioned the representative about paying it in one lump sum, she informed me that they would still apply the lump sum to the open case! You mean to tell me if I say I want to use MY money to pay off said case you won't do it....you will take MY FUNDS and apply them the way you want to?!

Something is not right, and when I verbally reiterated as such, the representative said it is the new law. Okay, that is when I asked for a copy of that new law/procedure DCSE is following. I was DENIED! She informed me quite matter of fact...'I can't give you that, you have to FIND it on your own or hire an attorney.' At this point there was no other reason for us to remain in the office talking to a brick wall and we left numb, confused and dazed.

Although, I did call back once on the road. You know your brain does not work quickly when it is clogged with frustration. I informed them that if they will not accept a lump sum payment to pay off the debt owed, then why send out a notice stating (this below is word for word):


According to our records, as of the above date, your support is past due (amount). We have not received a payment for child support in more than (days). If you cannot pay the entire past due balance or have information that this balance is not correct, contact the district office listed on this letter immediately.....etc etc

Okay, so we both contacted the office immediately and we tried to explain that they distributed funds incorrectly...we also offered to pay the lump sum in full. Answers to both of those ended up being the money would be put on the other case.

You tell me people...is something not right here?!?! Why are they continuing to try and collect on something that is being paid weekly by their standards? Both support orders are paid every week to the amount specified by them. At this point we are both at a loss as to what to do, besides hire an attorney.

Nojustice
Bealeton, Virginia
U.S.A.

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Once again VA can't get it Right

They claim it a name mixed up, bullshit, it would have to be a name an SSN # mix up , these thieves knows no end to the corruption that they swim in. VA DCSE would have to file a notice with IRS to take this money, That would have meant in October Ms Pyne would have to receive two notices by law, one from the IRS and other from VA DCSE. I bet neither happen. FACE it VA DCSE is full of thieves.


JACKSONVILLE, FL -- Victories Pyne moved from Africa to America to become a part of the dream. Now she is part of a bureaucratic nightmare.

"They need to make it straight," says Pyne.

Pyne, a mother and a wife, filed her tax return and was expecting $5954. However, she received a letter from the Department of Treasury saying it will be less -- much less.

"I was so mad," says Pyne.

The letter stated they were deducting $2588 to reimburse Child Support Services in Virginia. Pyne says the problem is that she has never been in Virginia.

"I have never been there. I don't even know where it is," says Pyne.

She's doesn't know if it is a mix up in social security numbers, but she says she needs her full refund.

Pyne says, "I want it. I've got bills to pay. I wish I could get it today."

The State Of Virginia reviewed her case and says it is a situation where her name was mixed up with someone else, so they are going to refund her money.

Under federal law, if a taxpayer's refund is seized or garnished because of a delinquent student loan or child support services, the  taxpayer has to resolve the issue through the reporting agency.

The IRS/Department of Treasury will not get involved.

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Support Fees

double standard By Connie Williams' count, her ex-husband owes her about $70,000 in child support payments.

So when the Chesapeake mother received a letter from the state's Division of Child Support Enforcement saying that she would be charged a $25 annual fee for the government's help collecting it, she thought it was wrong.

"I think it's deplorable," she said. "We should not be penalized in any way. I know $25 is a small amount, but it's like a little slap in the face."


Read Entire Story



However She isn't really paying now is she. No she isn't. It will deducted from child support payment that the NCP pays. So if the NCP make a payment in the amount of $100, he will get full credit for the $100 and she will get a check for $75.00. So who is really paying this fee.

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Privatized offices of DCSE.

AS of July 30, 99 there was four Privatized Offices in VA, they are Chesapeake, Hampton, Alexandria and Arlington. I’m not sure but as May 2007only two privatized offices were left, Chesapeake and Hampton. Chesapeake Office is ran by Policy Studies Inc. Here is their address 1899 Wynkoop Street, Suite 300, Denver, CO 80202.

 

So other facts to think about Twelve Case Closure Criteria

1. Current support order does not exist and arrears are less than $500 (see assumption 1 below).

2. NCP or putative father is deceased.

3. DCSE cannot establish paternity (see assumption 2 below).

4. Location of NCP is unknown, and regular attempts using multiple sources to locate the NCP have been unsuccessful for more than three years (see assumption 3 below).

5. NCP has no income or assets, and cannot pay support for the duration of the child s minority because NCP is (1) institutionalized in a psychiatric facility, (2) incarcerated with no chance of parole, or (3) has a medically verified total and permanent disability.

6. NCP is a citizen of and lives in another country and has no reachable income or assets, or the Commonwealth is unable to establish reciprocity with the country where the NCP lives.

7. DCSE has used all applicable locate services for a Locate Only case (see assumption 4 below).

8. A non-TANF applicant/recipient requests closure of his/her case and there is no assignment to the Commonwealth of medical support or arrears that accrued under a support order.

9. The local department of social services finds good cause in TANF, Medicaid only, or AFDC/FC cases why DCSE may not continue efforts to secure support without risk of harm to the CP or child.

10. For non-TANF cases, DCSE is unable to contact the CP within a 60- calendar-day period despite an attempt by at least one letter sent by first class mail to the applicant/recipient s last known address.

11. For non-TANF cases, the applicant/recipient is not cooperative regarding an action that is essential for the next step in providing services.

12. For incoming interstate cases, the initiating state fails to take an action which is essential for the next step in providing services.

ESTIMATED CASES THAT COULD BE CLOSED (UNDUPLICATED COUNT) 46,058

 

Also this is very interesting.

 

It is important to note that JLARC staff are not recommending that these “inactive” and “unworkable” cases be closed, although after additional analysis by DCSE, many of them may be able to be closed.

 

If these case were close the amount of support owe would drop. (this was later report in a new report that DCSE was keeping this cases open for that very reason to show that more support was owe that couldn’t be collected because the payor (ncp) was dead with no estate to attach.

 

 

 

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Letter sent 9/29/03

Dear sir,

 

The payee named in your support order, pursuant to the Virginia Code below has changed. This change applies only to the specific support order identified above

 

1.       The custodial parent receives child or child/spousal support services from the Division of Child Support Enforcement (DCSE). Effective Immediately upon receipt of this notice, make your check or money order payable to the Treasurer of Virginia. Mail payments (including any arrears payments) to the Division of Child Support Enforcement . P.O. Box 570, Richmond, VA 23218-0570. Include the CSE case number above and your social security number on the payment. Do not send cash. If you make payments to anyone other than the DCSE after you receive this notice , the payment will be considered gifts. They will not be deducted from your support account even if you provide copies of the payments.

2.       The custodial parent no longer receives child or child/spousal support services form the Division Child Support Enforcement (DCSE). EFFICTIVE IMMEIATELY upon receipt of this notice, make your check or money order payment to the custodial parent. Mail payment (including any arrears payments) to the custodial parent.

3.       The custodial parent no longer receives child or child/spousal support from the Division of Child Support Enforcement (DCSE). EFFECTIVE IMMEDIATELY upon your receipt of this notice, make your check or money order for current support payment to the custodial parent. Continue to make your check or money order for arrears payments payable to the Treasurer of Virginia. Mail current payment only to the custodial parent. Mail arrears payments to the Division of Child Support Enforcement , P.O. Box 570, Richmond, VA 23218-0570.

If you have questions concerning this notice, contact me.

 

P Thiel

Authorized Representative.

 


I was to respond to the first on this list. My ex, reopen her case with DCSE, by using an out of Date CS order, that was signed in 97. However in 2002, the judge cut off support because she fail to show for court and was on the run. I guest she forget to tell Ms Thiel this. Then again shouldn’t it be policy to check with the courts to see if the order is still valid. I had to take time off and travel to Virginia to Prove that no support was order. Just sending in the paper work wasn’t good enough for Ms Thiel. After our meeting she told me that , there would be no farther action on this matter then a court date can be set, and only if child support was reordered.

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From DCSE dated 5/21/99

Dear Sir,

 

We are responding to your request for information regarding your child support account (s).

 

Enclosed is the record of payment received and disbursed through our agency from:

 

                The arrearage on your account is:

                YOUR REQUEST FOR THE ARREARAGE IS BEING RESEARCH BY OUR OFFICE. WE WILL BE RESPONDING TO YOUR REQUEST WHEN OUR RESEARCH IS COMPLETE.

 

                The amount of your child support obligation is: 

 

                Other:

                THE CUSTODIAL PARENT HAS ELECTED NO TO HAVE THE SERVICES OF THE DIVISION OF CHILD SUPPORT ENFORCMENT. CASE CLOSED 12/21/1998

 

We hope this information is useful to you. If you have further questions, please contact our customer service unit at

 

THIS WAS SIGNED BY A LADY NAME BRENDA ANDERSON.

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They Don't Know I BCC it to someone else.

What they don't know it that when i email my complaint to them I BCC it to two others. With DSS and a person in Nick Young Office, the Head of DCSE. I wonder what will be there take on this complaint

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The Reply to my complaint

Good Morning Mr.XXXX,

Allow me to introduce myself, my name is Ezzard Roberts, Supervisor of Enforcement for the Chesapeake District Office of Child Support. I am contacting you on behalf of my District Manager, Gerald Berry who is currently unavailable at the present time to address your concerns. I have reviewed your complaint as well as this case thoroughly in respect of your request.

Your first complaint clearly suggest that the Chesapeake DCSE office has "leaked" personal information to your ex-wife such as personal phone numbers, work history, and a certain legal matter in North Carolina. In regards to this complaint after my review I have found no evidence that DCSE in any way acted according to this manner. However, I have found that on more than several occasions that the Custodial Parent herself did contact our agency and provided this information for enforcement purposes. It is at all possible that the Custodial parent may "possibly" have other avenues of obtaining this information.

You have also indicated that the workers whether they be past or present has not complied with any request for payment information in a timely manner. My review concludes that your 1st letter of this nature was received 07/13/05 and the request was forwarded by restricted mail on the very same day. There was a 2nd letter similar to this request received by our office 03/11/06 which I would agree was not handled in such a timely manner, however that issue has been addressed with the case worker. However during that time several attempts were made by the case worker, in the form of arrearage statements with a request from the worker for you to contact her directly because at that point you were adamant about not relinquishing your telephone number to DCSE.

I do sympathize and apologize for your relationship with a past worker, Ms. Thiel who is no longer with DCSE. If you were treated with rudeness I do apologize to that effect however Ms. Theil is no longer an employee with DCSE so I do not feel as if it is appropriate to revisit the issue. It appears that you and Ms. Theil had numerous dialogue during this period and you personally addressed your concerns in regards to your client, worker relationship to her in writing and took action yourself by indicating that you would correspond with her only in writing, in which you did.

Overall the processing of this case was handled correctly and in accordance with DCSE policy. All of the appropriate actions were taken, this case was closed and reopened several times and numerous orders where passed, all which were processed properly at the time they were received. We have conferred with the worker and counseled with her in regards to all matters we felt were appropriate.

In closing I will provide you with my direct telephone number should you have any further issues or questions.

Ezzard C. Roberts

Enforcement Team Leader

Chesapeake District Child Support

814 Greenbrier Circle Suite U

Chesapeake, VA 23320

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My Complaint was received

Gerald Berry

Program Manager

PSI

814 Greenbrier Circle, Suite U

Chesapeake, VA 23320

Dear Mr. Berry,

I would like to letter/email to be considered as a formal complaint against the workers of my DCSE case, case number XXXXXXXXX, which started in the Chesapeake office in later 96 or early 97. Since that time the personnel of the local Chesapeake office, have leak personal information to my ex-wife. The personal information I’m referring to is personal phone numbers, work history, and more recently a personal legal matter in North Carolina.

Here are list of complaints.

1. Not replying to letters of request of information (payments, arrears statements) in a timely matter. Often have to include “I would like said info with 10 days, or I will contact Richmond.”

2. The release of my phone numbers to my ex-wife on several occasions (my personal home number, my cell, and my family numbers as well.) there is a collation with my release of my number to DCSE and falsified phone harassment charges brought by my ex-wife within days of DCSE receiving my new contact number, which in most were not my personal home number.

3. Closing of my case without notification to such closure, and then reopening of case with an out-of-court order. (The order could be validated with a phone to the courts, to see if it was still valid.) At this time the courts ordered no support at all. Yet, Ms Theil tried to reopen this case by using a court order dated 12/1/97, that order was replace with a new one on 6/05/02, which was before the one dated 3/21/03 which cut off support. On or about the 11th of September of 2003 Ms Theil sent me a letter stating that “the payee named in your support order, pursuant to the VA Code below has changed. The change apples only to the specific support order identified above JA_045887, (leaving out which order it was, the last one order before this letter was JA-045887-09-07) that I was to submitted payment immediately to the State Treasurer. I phone Ms Theil after receiving the letter, I informed her that I have a recent order stating no support, she inform me that’s not what she had, that she had the order that stated I was to pay $311/m. Since we could agree over to the phone, I paid her a visit at the Chesapeake office with a few days. I showed her the order and she told me that this stop all actions by them till a new order is entered.

a. Then on 5/05/04 Ms Theil replied to my request for information and stated “ Attached is a payment history, per your request. In addition the advance notice of lien that was sent to you in February was sent to cover the full amount of your arrears not previously covered. I was never sent any advance notice of a lien in February or with the letter date 5/05/04. I sent another request for a copy of this lien on July 21, receive by DCSE on Jul 26. And was told I would have to get a copy from the courts, was on letter dated 7/29/04 in someone’s handwriting. (Note that I don’t live in VA)

4. Ms Theil rudeness with a employer, I wrote the department had gave them my new employer address, but nothing was sent to them, I called her and ask why she got very rude on the phone, I gave her the info once again, she ask for the home office which I didn’t know so I gave her my work number and my manger name. I was informed by my manger that Ms Theil was very rude with her and implied that she was covering for me. I tried to work two jobs and once I got hired by another employer I call in with that information and told her to send a withholding order and I would allow it, to help with my arrearages. So time later I left the first job because the second job wanted me full time. Both Jobs had withholding ordering place, in May Ms Theil sent me a notice to called her because she receive notice that I was no longer at job one. I call her and told her that my other employer info was already on file, she informed me it wasn’t then shortly later confirm the information on my other employer. (I can only guess she wasn’t reading her computer screen)

5. On March 3rd I received a letter from Ms Steward asking for me to contact her. I did so, she want to know about my new employer. I refuse to give her this info since my support was being paid each month on time and a very large amount. She informed me of the VA law requiring me to give her this info. I informed her that I don’t live in VA and she couldn’t force me to give her the info. And as long as the payments was being paid to leave me alone. Then in May she contacted me once again about my payments. At this time my payments where be paid by Cigna each month, Cigna sent out the payment about the 28th of each month, so it can arrive before the 3rd. In March the check for April arrive early to the Treasurer office, so it was posted in March and not April. She wanted to know why no payment was made in April. I try to explain to her the way Cigna pays this support. Under the court order that Cigna has to follow I must receive the payment from my mother death on or before the 3rd each month, it is noted on the check that the check can’t be cash before the third of each month. I told her that the Treasurer got the April check at the end of March, and I don’t control when the State Deposits the check. She informs me that’s not the way Cigna payments out to people. I informed her that it was on my case and since Cigna has been sending this check more than 15 years to my family I knew more about it then she would ever know about.

6. In letter dated 10/05/06 Ms Stewards state she have no way to speak with me and to call her, I did and gave her my sister’s number, which later a family member of my ex-wife called me. My sister’s number is not published and is block form callers id boxes. That exchange wasn’t nice.

7. In May of 2007 I enter in a contact sell of my benefits from my mother’s death, at the time I owed about 1700 in back support, at this time my benefits were no longer being taken by DCSE, I borrowed enough money to pay off this arrears so everything would go as plan. Ms Steward filed a new withholding order to stop this sell. I was later asked about this sell from another of my ex-wife family later in an email from them. This is the only family member that lets me know how my son is doing. How else would she know I was selling this income? The sell did go through on a later date.

8. Now some time in September My ex-wife closed or has tried to close the case. Now my court order said that I’m to pay through the DCSE, no other way is allow if done so then those payments are gifts and won’t be counted.

9. Ms Steward sent a withdraw notice to Cigna but informs then a new one will be coming soon. In October, November, December I receive my payments that Cigna made on my behalf back to me from DCSE. I call Cigna and ask if they have received the order to stop payments to DCSE they confirm this and told me that Ms Steward told then that a new withholding order would be sent soon as it was signed. My last court date was in 2005. This is not an administrative order through DCSE it is a Court Order Child Support. DCSE and the Courts have my current address on file since 2002, yet, in some cases my notices from DCSE are sent to an address in VA (a family address, which they forward the mail to when this happen). When I call DCSE through the new phone center and ask for my case worker to call me ASAP. I received a call from Ms Steward I ask why she allowed this case to be close, she told me it’s wasn’t her call, that my ex didn’t want their services. Then I ask Ms Steward about the withdrawal order for Cigna and what she told them. She told me that she never told Cigna that. Fine, but why would Cigna Lie to me.

10. I request a copy of the withdrawal letter, she informed me that this information would be sent out on Tuesday because the holiday on Monday. (this was at the end of January) I received the said papers in February about two weeks later.

Thank you for your time on this matter.

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Ms Steward of DCSE

Is my case worker in the Chesapeake DCSE. Recently my ex-wife close her DCSE once agian, even though it in the court order for me to paid thru the DCSE.

Ms Steward sent a release from withholding order to the company what was sending in my CS payment, but she told them that a new order would be forthcoming a in a few days. So she sends a release but tell them that a new one will be there, I believe this was a act of fraud on her part.

So the close is somewhat closed, release has been sent however my money still goes to DCSE, then one or two I get the money back thru the mail from DCSE.

I had to threaten her with a lawsuit for her to finally to release all of my money.

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Contempt motion on support issue must be signed by a lawyer

Judge: Contempt motion on support issue must be signed by a lawyer
http://www.valawyersweekly.com/images/va/divorce.jpgStaff members of the Virginia Division of Child Support Enforcement no longer are signing motions to hold in contempt parents who are delinquent in their support obligations. The decision to abandon the practice was made after a juvenile and domestic relations district judge in Fairfax County ruled that Virginia Code Sect. 8.01.271.1 requires such pleadings to be signed by an attorney.
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