GENERAL INTEREST Endnotes 1 Income under this section does not include benefits from public assistance and social services programs as defined in § 63.2-100; Federal supplemental security income benefits; Child support received; or Income received by the payor from secondary employ-ment income not previously included in "gross income," where the payor obtained the income to discharge a child support arrearage es-tablished by a court or administrative order and the payor is paying the arrearage pursuant to the order. 2 West v. West, 53 Va.App. 125, 135, 669 S.E.2d 390, 395 (2008) (citing Code § 20–108.2(C)). 3 In Howe v. Howe , 30 Va.App. 207 (1999), the payor argued that the trial Court erred in including a one-time gift for purposes of child support because the gift was not a reliable part of his annual income. The Court of Appeals disagreed, stating, “[W]hen determining child support, the emphasis should be on including, not excluding, income especially where including the income more accurately reflects a parent's economic condition and financial circumstances for that year.” The Court further noted, “Father can seek a modification … for the next year, if and when his income no longer includes such gift proceeds., citing Keyser v. Keyser, 2 Va.App. 459, 461-62, 345 S.E.2d 12, 14 (1986) 4 Virginia Code § 63.2-1921(A) authorizes DCSE to perform an administrative review of a support order if a material change in circumstances is shown. The statute directs the agency to report its findings to the Court, and if no objection is made by the non-re-questing party, the proposed change to the order shall be adopted. Using DCSE to Assist Clients In Adjusting Support Amounts In the past, the Division of Child Support Enforcement (DCSE) would typically engage with parties in an admin-istrative capacity only, or DCSE would become involved after the entry of a decree if a substantial arrearage had accumulated and the payee sought enforcement. Although many family law attorneys have limited or no experience with DCSE, this may soon change. In 2020, DCSE has taken steps to alleviate the confusion and burden on the Court system that has been caused by the pandemic. With child support calculations thrown into turmoil by COVID-19, DCSE hopes to provide assistance to parties who need to adjust support payments faster than the courts can accommodate. Since early 2020, DCSE has expanded operations to provide non-litigation options when a prior order needs to be reviewed and/or adjusted to accommo-date changes in income, child care, or other expenses. Geoffrey Scott Darnell, Esq., Legal Director of Operations for DCSE East, reported that since the onset of the pandemic, “DCSE has been expand-ing its services and offering relief to payors and payees alike.” “We don’t see ourselves as representing one party,” he said, “We see ourselves as an agency that can help both parties come Darnell together to get the children the support they need, while taking into account the totality of the cir-cumstances so that the solution is viable for both parents.” Darnell explained, “Currently, DCSE is in the process of implementing new procedures to facilitate expanded appli-cations of the Administrative Review of Court orders under Virginia Code § 63.2-1921.” 4 Darnell added, “The goal is to have more orders reviewed out of court, which can be done remotely in most cases. The only need for a hearing would be if there is objection to the new order and a hearing is requested.” Darnell stated that DCSE’s goal is threefold: “Our hope is to (1) reduce new docket size to assist courts in catching up with the backlog; (2) keep more people out of court for safety and efficiency; and (3) have more compliant parties because they have worked through and agreed on an order in more cases.” Darnell added, “This has been an underused option for DCSE in the past but will be a priority in 2021.” In short, during the remainder of 2020 and beyond, encouraging parties to work together for the good of the children remains the best practice. With the help of DCSE, Virginia lawyers have a new opportunity to encourage fam-ilies to compromise and agree on a new path forward. Bretta Z. Lewis is a family law attorney with 20+ years of litigation experience. She has specialized knowledge in matters involving special needs chil-dren, domestic and substance abuse, mental health issues, and non-traditional family structures. She is an adjunct professor at William and Mary Law School, a frequent lecturer in ethics and family law, serves on the Virginia State Bar Disciplinary Board, is a member of Virginia State Bar Council and the faculty of the Harry L. Carrico Professionalism Course. 36 VIRGINIA LAWYER | DECEMBER 2020 | VOL. 69 | GENERAL INTEREST www.vsb.org