Court Clerks Told Me To "just Bring Up" Thousands In Child Support Arrears In December Without Filing A Motion. Is This Bad Advice?
Location:
Chesterfield, Virginia, USA
I am in Chesterfield County, Virginia. One week ago, I had a show-cause hearing for child support enforcement in the Juvenile and Domestic Relations court. This is a private case, not managed by DCSE. Due to severe anxiety at the podium, I verbally stated a child support arrears balance that is tens of thousands of dollars lower than what my ex actually owes.
My ex has a hearing scheduled for December requesting a reduction in support. I want to correct the mathematical error regarding the arrears balance so the true debt can be formally addressed. I do not want to file a new show cause or put him back in jail. I just want the math corrected with proper legal notice so the judge can officially rule on it.
I went to the clerk's office to ask about filing a motion to correct this, but two different court clerks told me not to file anything and to "just bring it up" at the December hearing. However, I really don't trust their advice because before my last hearing, a clerk told me the judge would calculate the math for accuracy—but at the hearing, the judge refused and said he had to remain neutral.
I am terrified that if I don't file anything, my ex's side will object to "lack of notice" in December and the judge won't hear it, meaning my children's money will be unprotected.
I am a busy mom working 40 hours a week and raising my kids full-time. I am planning to go to the Chesterfield courthouse on Monday during my lunch break to file whatever paperwork is necessary.
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