If your child support case has a ruling from the Division of Child Support Enforcement that you do not agree with, you do have some options to fix it. One of those is an appeal.
According to the Virginia Department of Social Services, you can appeal a decision on your child support with the DCSE. Both custodial and non-custodial parents can request an appeal.
Reasons for appeal
You may appeal your case for a variety of reasons. For example, if the state has a lien on your tax return and you do not agree with it, then you can appeal. In addition, you can appeal for situations such as passport denials or credit reporting. In general, your appeal is against actions taken by DCSE against you.
Once you file for an appeal, you will have a hearing officer assigned to your case. The hearing officer’s job is to ensure you have a valid reason for the request. If your appeal is valid, you will receive a date for the procedure.
At the hearing, you will have to follow the rules set by the hearing officer. You can submit evidence and provide witnesses within the rules set by the officer. The process is similar to a court trial with opening statements, presentation of cases, cross-examinations and closing statements. You also have many rights that you would in court, such as the right to see the evidence against you and the right to have legal counsel. The decision made by the hearing officer will come by mail.
The appeals process gives you a chance to stand up for your rights and to object to something that you feel is wrong concerning decisions made by DCSE.