What is the Division of Child Support Enforcement or DCSE?

In Virginia, the state agency that helps parents collect child support is part of the Department of Human Services. It is called the “Division of Child Support Enforcement” or DCSE. The DCSE can assist a parent with establishing a child support order and enforcing it if they apply for services. DCSE services are free.

If the parents are married, the law assumes they are the biological parents of any child born during the marriage. If the date of birth falls between the date of marriage and the date of divorce, the husband can only avoid the obligation to pay support. This is done by filing a petition to determine paternity by proving they are not the biological father through genetic testing. This does not apply if the husband adopted the child.

However, if the parents are not married, and the man the mother claims is the father, denies it, the DCSE will file a paternity case. The judge will sign a formal court order declaring the man is the legal father of the child, if the test confirms paternity. The judge will sign an order denying paternity, if the test proves the man is not the father. The man will have no obligation to support the child.

Once Paternity is Clearly Established

DCSE will ask the parents for proof of their incomes, day care costs, and what they are required to pay to have health insurance for the child.

• Then they will calculate how much child support will be paid every month.
• The DCSE can send the employer a letter requiring them to withhold support from the parent’s paycheck, if the parent who is paying is employed.
• The paying parent can also send the money directly to DCSE in Richmond.
• DCSE then will be sending the money on to the parent who receives support.

The DCSE does not have to proceed to court to do this. They have the authority to order it themselves. It’s called an “administrative support order.” Unless the parties appeal it to the Juvenile Court, an administrative support order has the same legal effect as an order signed by a judge.

The DCSE can assist a parent with establishing a child support order and enforcing it if they apply for services.

DCSE can also file a case in the Juvenile Court and have a judge issue the support order. DCSE lawyers appear in Virginia’s Juvenile Courts every day to establish paternity. They have judges sign support orders and enforce them when a parent doesn’t pay. In most cases, the paying parent is the father. But there are cases in which the mother pays, or where neither parent has custody, and both pay money to the person who has custody.

Dealing with DCSE’s case workers can be frustrating. DCSE’s lawyers are very competent and knowledgeable. I prefer to file a case in Juvenile Court and deal with them there. A lawyer can sometimes help you deal with DCSE’s lawyers if you’re having trouble with your caseworker.

If you have any doubt about paternity, it is worth it to have genetic testing and be sure about it. Until the age of 18 or 19 years old, (it depends when they graduate from high school) child support is to be paid. Over time, a support order can cost tens of thousands of dollars. If someone else is the father, they should have that responsibility.