There was an error in this gadget
Avvo - Rate your Lawyer. Get Free Legal Advice.

Thursday, June 18, 2015

Virginia Family Law: When Things Go Wrong

     One of the most important parts of Family Law is understanding how to handle the situation when things go wrong. This may include a spouse not paying their child support, a spouse not allowing you access to your children, or a spouse not paying their alimony. When things go wrong, it is important to act quickly and get the issue before the court. There are a number of ways this can be done. In each of these situations, it is best to have an experience attorney help.

     The first route to take when a spouse isn't living up to their end of the Court Order is to contact the relevant Virginia Department. One example is the Department of Child Support Enforcement (DCSE). This agency should be contacted when a spouse is refusing to pay child support that is owed. DCSE has the ability to initiate court proceedings to force the spouse to explain to the child why they are not making their payments.

     After contacting the relevant agency, the next step should be to talk with a local attorney. A local attorney has the ability to file a complex court action known as a "Show Cause". This process allows the court to issue a summons and force the spouse to appear before the court. Once this process is initiated, the attorney can ask the court to punish the spouse.

     The court has a number of options available to it when handling a show cause. They have the ability to treat it as a crime and send the spouse to jail. This is known as contempt of court. Another option is to send the spouse to jail and force them to pay a certain amount of money to leave. A final remedy available from the court is a strongly worded encouragement to perform their obligations under the Court Order.

     Whenever you have an issue with a spouse not paying support or refusing access to children under a court order, make sure you follow the first two basic steps; contact a Virginia Department and consult with an attorney as soon as possible.

No comments:

Post a Comment