Divorce, whether a contentious or a mutually amicable one, involves some very emotionally daunting elements, such as child support and custody. When a parenting schedule is made by the court, it falls on the noncustodial parent to support their child financially while the primary parent looks after the child’s well-being.
However, in some cases, the noncustodial parent fails to pay child support or does not honor the parenting schedule. The only way to force the noncustodial parent to make support payments or follow the parenting schedule is through a petition to the Division of Child Support Enforcement (DCSE).
What is the Division of Child Enforcement?
The DCSE is an important branch of the Department of Social and Health Services that operates in the United States. The federal institution is responsible for helping families enforce legal custody orders that involve child support, alimony, and other financial and parenting assistance.
A major role of the DCSE is to aid primary parents collect payments by locating the noncustodial parent and ensuring they follow the support order issued by the court. Moreover, the department also determines paternity by partnering with other federal social services agencies in states such as Virginia, New York, California, and more, helping families create a detailed record to maintain the frequency of child support payments and any arrearages therein.
Federal regulations have also made it mandatory for different states to implement a streamlined support system when it comes to child custody, support, and familial support orders. Many states have this system, for example, in Virginia, the child support enforcement is responsible for ensuring that the primary parent receives their monthly payments.
In addition, the DCSE in Virginia is authorized to modify or change the support enforcement order (depending on the nature of the case). However, for this to happen, parents must first file a petition of support modification with their local family court so that the judge can evaluate the primary or noncustodial parents’ case file.
Contingent on the residence of the parents, their local count may also be involved in providing the DCSE with further information on where the noncustodial resides and their place of employment when it comes to modifying or enforcing a support order.
The Division of Child Support in Different States
There is a slew of methods in which support payments for divorced primary parents are divided in different states. The objective is to help families find relevant services that can help enforce court-mandated support orders. Every social services division operating in this field is further branched into different roles to offer parents unique services.
For example, the DCSE is a government institution that helps supervise the state support initiative. However, it is not the only thing that it does. However, it is important to take note that the Division of Child Support Enforcement does not directly collaborate with families.
They work by partnering with local family courts (where the support order was originally finalized). They also work with other independent child support and social services offices across multiple states. Their primary responsibility is to ensure that the child is provided the court-ordered financial, paternal, and medical support.
In a nutshell, the following are the types of services offered by the Division of Child Support Enforcement agency:
- Locating noncustodial parents
- Helping parents develop and implement paternity
- Implement and/or enforce the necessary child support order
- Modify or change the court-ordered support or parenting order
- Collect child support payments and arrearages and distribute payments to primary parents
The Involvement of the DCSE in Child Support Cases
The Division of Child Support Enforcement plays an instrumental role in helping families receive support payments by enforcing court orders. Here is how they are involved:
Child Support Order Establishment
The DCSE collaborates with local authorities and family courts in enforcing court-mandated support orders making sure that the noncustodial parents don’t miss payments. They also collect child support arrearages by modifying the support order (based on reasonable evidence).
Enforcement via Different Means
There are different ways the DCSE enforces child support orders. For instance, they are authorized to cancel the business and/or driving licenses of neglectful noncustodial parents, forcing them to pay. However, the most typical method is through wage garnishment, where the employer withholds the child support amount from the salary of the noncustodial parent.
Modification of Support Order
The DCSE, in collaboration with the courts, is also authorized to change or modify a support order if the noncustodial falls on bad times and is behind payments.
The Involvement of the DCSE in Child Custody Cases
It is important to understand that child support agencies are not authorized to directly involve themselves in custody matters as custody is decided by the courts. However, they are allowed to play different roles in establishing and enforcing court orders related to custody, such as:
Custody Verification
The DCSE requires divorced parents to provide them with the necessary documentation of the court-mandated custody order so that they can change or implement child support orders.
Child Support in the Purview of the Custody Order
The DCSE is also authorized to enforce compliance when it comes to the calculation of child support based on court-ordered custodial arrangements.
The Involvement of the DCSE in Divorce Matters
The DCSE can also be involved in different divorce matters, such as:
Working with the Court to Enforce Child Support
After the court finalizes the divorce order and issues the child support order for the noncustodial parent, the DCSE ensures that the parent makes regular support payments in line with the divorce decree.
Helping the Primary Parent Filing the Support Claim
The Division of Child Support Enforcement is also involved in ensuring that the primary parent files for support payments in line with the court-mandated support order, making sure that the financial responsibilities of the noncustodial are transparently highlighted.
Understanding the Obstacles Parents Have to Navigate with the DCSE
While the DCSE is an important federal agency responsible for ensuring child support payments and custody matters, some limitations need to be outlined. For instance, the agency does not have any legal right to involve itself in enforcing custody or visitation orders. In addition, the DCSE has a significant caseload and limited resources, which means parents must wait for a considerable amount of time before their case can be heard.