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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118122
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I want to challenge a financial review performed by Child

Customer Question

I want to challenge a financial review performed by Child Support in Florida. They audited my payments receipts and concluded that I owed a substantial amount of back child support. They performed one audit and said that I had a credit and then 4months later contacted me and said they wanted to do a second audit but needed me send my receipts again because they lost the receipts I sent them previously. I didn't send them and two weeks ago I receive letter saying I owed money and they were going to enforce. They advised that if I wanted to challenge the review I would have to go to court. What would I file in Alexandria VA court were my divorce order that included child support was entered to dispute the financial review? How did they conduct a review if they lost receipts? They must have used the summary excel sheets that I summarizing my receipts with explanation. I say this because they returned the summary sheets (highlighting the payment they would not count) with the letter saying I owe back child support. What do I file to ensure that don't transfer jurisdiction to Florida? My ex and child lives in Florida but I am in Virginia.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would start by filing a motion to vacate/waive arrears in the VA court where the order was entered and you would have to subpoena your ex and present the records you submitted to FL in the VA court. You would then have to get a determination from the VA court, which you would then have to file in the FL court to ask the FL court to domesticate and recognize the VA court ruling on the support audit and alleged arrears and to issue an order to FL child support services to correct their determination in accordance with the court order.
Alternatively, if the FL child support services was making the audit because the VA court order has been domesticated and filed for enforcement in FL already, you can save the step of filing in VA and then filing in FL again, by filing directly in the FL court for the sole purpose of challenging the audit by filing a motion to object to and correct the arrears and present the evidence directly in the FL court to show that their support services made a mistake in their audit and get the FL court to order them to correct it. You can do this without giving up full jurisdiction in VA.