Division of Child Support Enforcement v. Levi

By Judge Randall G. Johnson

hi each of these cases, the Division of Child Support Enforcement (DCSE) of toe Commonwealth of Virginia’s Department of Social Services seeks to impose a child support obligation on a father who is an inmate in toe state corrections system. It is DCSE's position that in spite of toe fathers’ incarceration, toe child support guidelines set out in Va. Code § 20-108.2 make such an obligation mandatory. Each tether objects to having a support obligation imposed on him, claiming that his incarceration prevents him from earning any income to pay child support The court…