Free Dc 628 Form in PDF

Instructions on Writing Dc 628

Filling out the DC 628 form, officially termed as the "Order of Support (Civil)," is a crucial step in ensuring that support orders in Virginia are appropriately documented and enforced. This form is utilized in both Temporary and Final Orders relating to child, spousal, parent, and arrearage support matters. Correctly completing this document ensures clarity for all parties involved and assists in the efficient processing and enforcement of support orders. Here are the step-by-step instructions to accurately fill out the form:

1. Start with the top section by entering the court's case number and the Commonwealth of Virginia DCSE ID No. Choose whether it's a Temporary or Final Order and select the appropriate court type.
2. Fill in the STREET ADDRESS OF COURT as well as the petitioner and respondent's information, including names, residential addresses, telephone numbers, mailing addresses, social security numbers (last 4 digits only), driver’s license numbers, states, dates of birth, employers, and their contact details.
3. If applicable, check the appropriate boxes under the sections for identifying information not provided and the paragraphs regarding dismissal or findings in favor of the respondent.
4. In the section related to support entitlement, clearly list the dependents' names, social security numbers (last 4 digits), gender, dates of birth, and their relationship to the respondent. Detail the type and amount of support ordered, including how it’s divided if necessary.
5. Address any arrearages by indicating the type and total amounts owed by the respondent, including any interest or assessments. Provide details for payment intervals, amounts, and start dates.
6. Specify the payment recipient - whether directly to the Petitioner or through the Treasurer of Virginia to DCSE - and outline any necessary details for checks or money orders.
7. Fill in the section regarding health care provisions, indicating which party is responsible for providing health and dental care coverage and note all necessary policy details.
8. If relevant, complete the section on income withholding, noting whether it’s ordered and the type of order (court income deduction order or administrative order).
9. Review the additional ordered provisions related to professional licenses, tax exemptions, and any custody arrangements, filling out relevant sections based on the court’s findings and orders.
10. Under NOTICE, read carefully about how support payments and adjustments to the order are handled, including implications for non-payment and how support obligations create judgments by operation of law.
11. Confirm that a judge has signed and dated the form at the bottom of page three and that there is an agreement by both the petitioner and the respondent on the provisions related to income withholding.

Once the DC 628 form is thoroughly completed and signed where necessary, it is vital to make copies for your records before submitting it to the intended court or agency. Adequately filled forms help facilitate a smoother process for all parties involved in support orders, contributing to the timely and fair enforcement of these orders.

What is the purpose of the DC 628 form in Virginia?

The DC 628 form, known as the Order of Support (Civil), serves a crucial role in articulating support arrangements mandated by a court within Virginia, including child support, spousal support, or a combination of both. This legal document outlines the specific payment amounts due, the frequency of payments, and other significant details like health care provisions for dependents. The order aims to ensure that support payments are made regularly to assist the dependent parties, describing the obligations of the respondent (the person required to pay support) in clear terms.

Who decides the amount of support listed on the DC 628 form?

The amount of support listed on the DC 628 form is determined by a judge or magistrate in a Virginia court, following a detailed evaluation of evidence and information presented during a hearing process. This determination is guided by Virginia's child and spousal support guidelines, which consider various factors, including but not limited to, each party's income, the needs of the child or children, and the living arrangements. The court may adjust the guideline amount based on the specific circumstances of the case to ensure a fair and appropriate support order.

Can the support amount or conditions listed on the DC 628 form be modified?

Yes, the support amount or conditions can be modified, but such changes must be approved by a court. Either party can request a modification by filing a petition in court, demonstrating a significant change in circumstances that would justify altering the support order. Examples of such changes include a significant increase or decrease in the income of either party, a change in custody arrangements, or a change in the needs of the children. The court will review the request and, if deemed appropriate, will issue a new support order that amends the previous arrangement.

What happens if the respondent fails to pay the support as ordered on the DC 628 form?

If the respondent fails to comply with the support order detailed in the DC 628 form, several enforcement actions can be taken. These may include income withholding, where support payments are directly deducted from the respondent's wages, the interception of tax refunds, revocation of licenses (including driver’s and professional licenses), and even contempt of court proceedings, which could lead to penalties such as fines or jail time. It's vital for the respondent to make payments as ordered to avoid these serious consequences.

How are payments made according to the DC 628 Order of Support?

Payments under the DC 628 form can be made directly to the petitioner, to the Treasurer of Virginia, or through the Virginia Department of Social Services, Division of Child Support Enforcement (DCSE), as stipulated in the order. The method will depend on the specific instructions outlined in the order, which may include making payments via check, money order, or through designated electronic payment systems. If payments are managed by the DCSE, it's important for the respondent to include identifying information like their name, social security number, the petitioner’s name, and the DCSE ID or case number to ensure proper credit for the payments made.

One common mistake seen when individuals fill out the DC 628 form, or the Order of Support (Civil), is failing to provide complete identifying information for both the petitioner and respondent, including the last four digits of the Social Security number, driver's license number, and state. The form stipulates spaces for these crucial pieces of information for a reason—to ensure clear identification of the parties involved, which is essential for the enforcement of the order.

Another frequent error is not being precise with income and employer details for both parties. This oversight can lead to inaccuracies in calculating the support obligations, ultimately affecting the fairness and efficacy of the support order. The form requires current employment information, including employers' names and contact details because this data directly impacts the execution of the support order.

Incorrectly listing the details of the child or children to whom the support order applies is also a common mistake. The form mandates specifics such as names, Social Security numbers (last four digits only), dates of birth, and the relationship to the respondent. These details are critical for ensuring that the support is correctly distributed and attributed to the right beneficiaries.

Many individuals also neglect to specify the type of support order accurately—be it temporary or final—and whether it pertains to the Juvenile and Domestic Relations District Court or Circuit Court. Understanding and marking the appropriate selections are crucial for the legal processing and enforcement of the order.

Another oversight involves the payment details section. The form inquires about the amount payable, the commencement date, the frequency of payments, and the method of payment. These elements are paramount to establishing a clear, enforceable mandate for support payments. Failure to thoroughly complete this section can result in delayed support payments and legal complications.

Failing to address health care provisions is yet another common mistake. Whether the respondent, petitioner, or both are required to provide health care or dental care coverage for the child, children, or spouse must be explicitly stated. This part of the form covers the provision of necessary health insurance information and any changes in coverage, essential for the well-being of the dependent(s).

Lastly, an error often seen is the omission of signatures and dates at the end of the form. The petitioner and respondent’s acknowledgment through their signatures, along with the date, is a fundamental requirement for the form’s validity and enforceability. This final step confirms the accuracy of the provided information and the parties' compliance with the support order.

When dealing with forms like the DC-628, "Order of Support (Civil)," certain auxiliary documents typically accompany or follow it. These documents ensure that all aspects of support orders, such as child support or spousal support, are comprehensively addressed, compliant with legal requirements, and enforceable. It's essential for individuals navigating these processes to be aware of and understand these documents.

• Financial Statement Form: This document details the financial status of the parties involved, including income, expenses, assets, and liabilities. It's crucial for determining the ability to pay support.
• Voluntary Acknowledgment of Paternity: For cases involving child support, establishing paternity is a necessary step. This form is used when paternity is not contested and the father acknowledges paternity willingly.
• Income Withholding for Support (IWO) Order: This order directs an employer to deduct child support (and possibly spousal support) directly from the wage earner's paycheck. It ensures regular support payment and is critical for enforcing support orders.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: Required in custody and support cases, this affidavit provides information about the child's residence history which is essential for establishing jurisdiction over the case.
• Health Insurance Coverage Information: As part of support orders, there may be requirements to provide health or dental insurance for dependents. This document outlines the coverage details, the insurer, and policy numbers.
• Notice of Compliance: This document is a declaration that the ordered party has complied with the terms of the support order, such as securing required insurance or making the necessary payments. It’s used to confirm compliance with the court’s directives.

Understanding each of these documents and their role in support cases is critical for both parties involved in a support order. The legal system’s complexity can be overwhelming, but knowing the purpose and necessity of each form can help navigate the process more effectively. Ensuring the accurate and timely completion of these documents is key to achieving a fair and compliant outcome in support cases.

The Child Support Order is closely akin to the Uniform Interstate Family Support Act (UIFSA) Order. UIFSA orders are specifically proposed to ensure that families receive support when parties live in different states. Like the DC 628 form, UIFSA orders set out the obligations regarding child or spousal support but have the added complexity of managing these across state lines. They detail the amount of support, the duration, and how payments are to be made, ensuring that the respondent meets their obligations regardless of jurisdiction.

Another document similar to the DC 628 form is the Income Withholding Order (IWO) for Support. An IWO is a legal document sent to an individual’s employer directing them to withhold a specified amount from the employee's earnings for child support, spousal support, or both. Just like the DC 628 form, it is used to enforce support orders, ensuring that the designated funds are automatically deducted from the respondent's paycheck and sent to the appropriate state child support enforcement agency or directly to the custodial parent, thereby streamlining compliance with the order.

The Marital Settlement Agreement (MSA) also shares similarities with the DC 628 form, particularly in the context of divorce proceedings. An MSA is a comprehensive written document that outlines the terms of the divorce agreed upon by both parties, including provisions for the division of assets, debt responsibility, and very importantly, child and spousal support. While the DC 628 form is a court order that mandates child or spousal support, the support terms within an MSA are agreed upon by both parties but must also be approved by a judge.

Lastly, the Qualified Domestic Relations Order (QDRO) is another document that bears resemblance to the DC 628 form concerning the aspect of financial support obligations. A QDRO is a special court order granting one party the right to receive a portion of the other party’s retirement plan or pension benefits. This can include provisions for child support or alimony payments directly from these benefits. Unlike the DC 628 form, which involves direct payments primarily from income, a QDRO taps into retirement assets to ensure support obligations are met.

When filling out the DC 628 form, an "Order of Support (Civil)" from the Commonwealth of Virginia, accuracy and attention to detail are paramount to ensure the legal document accurately reflects the support arrangements ordered by the court. Listed below are several crucial dos and don'ts to guide you through the process:

• Do carefully review the entire form before you start filling it out to ensure you understand all the requirements and sections.
• Do use black ink or type your responses to ensure clarity and legibility, as this document is a formal legal record.
• Do double-check the accuracy of all personal information, such as names, residential addresses, Social Security numbers (last 4 digits only), and dates of birth, to prevent any delays or issues due to inaccuracies.
• Do clearly specify the details of the support order, including the monthly support amounts, effective dates, and payment intervals, ensuring that all ordered amounts are divided as instructed by the court.
• Do not leave any required fields blank. If a section does not apply to your situation, fill it with "N/A" (not applicable) instead of leaving it empty.
• Do not forget to include both current child support amounts and any other support specifics, such as spousal support or support for a parent if applicable, as well as details about arrearages, if any are owed.
• Do not provide inaccurate information regarding employment, health care provisions, or any other financial obligations. Accurate disclosure is essential for the effective enforcement of the order.
• Do not disregard the instructions for payment submission listed in the form. Ensure checks or money orders are properly filled out with the necessary identification information to facilitate accurate and timely processing.

Following these guidelines will help ensure that the DC 628 form is completed correctly and efficiently, facilitating a smoother legal process for all parties involved.

There are several misconceptions about the DC 628 form, an Order of Support (Civil) used in the Commonwealth of Virginia. Clarifying these misunderstandings can help parties involved better navigate their responsibilities and rights concerning support orders.

• Misconception 1: The DC 628 form is only for child support cases.
  

  This form is not exclusively for child support; it can also be used for spousal support, support for a parent, and combined child-spousal (unitary) support. Understanding the form's applicability to various support scenarios is crucial.

• Misconception 2: Payments can only be made directly to the petitioner.
  

  While direct payments are an option, the order may require payments to be sent to the Treasurer of Virginia, specifically the Division of Child Support Enforcement (DCSE), unless otherwise directed. This ensures a formal record of payments.

• Misconception 3: The support amount is fixed and cannot be changed.
  

  The amount specified in the order can indeed be modified under certain circumstances. If a party's financial situation significantly changes, they may petition the court for a modification of the support amount.

• Misconception 4: Child support automatically ends when a child turns 18.
  

  Child support may continue beyond the age of 18 if the child is a full-time high school student, not self-supporting, and living in the home of the parent receiving child support, until the child reaches 19 years of age or graduates, whichever occurs first.

• Misconception 5: Health care provisions are optional.
  

  The form mandates that the respondent or petitioner must provide health (and possibly dental) care coverage for the child, spouse, or both. The responsible party must also inform the other of any changes in the coverage.

• Misconception 6: The form does not affect professional licenses.
  

  Failure to comply with support orders can lead to the suspension or refusal to renew professional licenses, certificates, or registrations, demonstrating the order's legal impact beyond direct payments.

• Misconception 7: The income tax dependency exemption is not addressed.
  

  The form may contain provisions that require one party to allow the other party the right to claim the income tax dependency exemption for the child or children, ensuring fair tax treatment.

• Misconception 8: There's no provision for accruing interest on unpaid amounts.
  

  Unpaid support amounts can accrue interest according to Virginia Code, underlining the importance of making timely payments.

• Misconception 9: The form's provisions cannot be reviewed or modified.
  

  The Virginia Department of Social Services can initiate a review if there's a change in circumstances, and either party may petition the court for modification based on changes in circumstances or other valid reasons.

Understanding these aspects of the DC 628 form is crucial for anyone involved in a support case within the Commonwealth of Virginia. It ensures parties are well-informed about their rights and obligations under the law.

Filling out and using the DC 628 form, known as the Order of Support (Civil), plays a crucial role in the enforcement and establishment of support orders in the Commonwealth of Virginia. This document is fundamental in ensuring that dependent children and spouses receive the financial support they need. Here are key takeaways to guide you through the process:

• The DC 628 form can be issued as either a Temporary or Final Order by the court, determining the amount and duration of support payments required from the respondent to the petitioner.
• This form can be used in both the Juvenile and Domestic Relations District Court and the Circuit Court, depending on the nature of the case or where the initial filing was made.
• Key personal information required on the form includes residential and mailing addresses, last 4 digits of the Social Security number, driver's license number and state, date of birth, employer and their contact details for both the petitioner and respondent.
• The form requires disclosure of whether arrearages exist, specifying amounts for child support, spousal support, unitary support, and the total arrears owed, indicating if interest is included.
• Payment instructions are clearly outlined, designating the payment recipient (either the Petitioner directly, the Treasurer of Virginia, or others as specified) and highlighting the need for a check or money order with specific details for processing.
• A key component of the form is the provision for health care and dental care coverage for dependents, which mandates the responsible party to provide, maintain, or inform of changes in coverage.
• The form includes a reminder about the legality and consequences of failing to comply with the support order, emphasizing that non-payment or incorrect payment may result in punitive actions such as fines or imprisonment.
• Special clauses are available for situations such as the continuation of child support beyond the age of 18 under certain conditions, provisions for children with disabilities, and the potential for income withholding as a means of ensuring payment compliance.
• The order remains in effect until it is legally amended or annulled, highlighting the enduring nature of the court's decision concerning support matters.

Effectively navigating the DC 628 form and understanding its implications is pivotal for both petitioners and respondents in support cases, ensuring the welfare and financial security of those affected by the court's decision.