Enforcing Child Support Payments
Summary
In Virginia, you can enforce a separation agreement for child support and alimony by filing a motion in court. Keeping a record of missed payments can strengthen your case. Non-payment is a violation of the agreement and can be punishable by law. You can also seek legal advice from a family law attorney or contact the Virginia State Bar Association for referrals. If your ex is hiding assets, this can be considered fraud and result in penalties.Full Conversation
My ex is not paying child support and alimony
Have you already obtained a court order for child support and alimony?
In Virginia, non-payment of child support and alimony can be enforced by the court.
In Virginia, non-payment of child support and alimony can be enforced by the court.
No we have a signed separation agreement
What are the terms of your separation agreement regarding child support and alimony?
In Virginia:
- Separation agreements can be enforced by the court.
- Non-payment of child support/alimony is punishable by law.
In Virginia:
- Separation agreements can be enforced by the court.
- Non-payment of child support/alimony is punishable by law.
That he pays me every week but hasn't been paying since March
In Virginia, you can file a motion to enforce the separation agreement in court. The nearest court to you is the Virginia Beach Circuit Court, * Nimmo Pkwy, Virginia Beach, VA *, +* *-*-*.
Ok
Have you kept a record of the missed payments since March?
In Virginia:
- Keeping a record of missed payments can strengthen your case.
- Non-payment of child support/alimony is a violation of the separation agreement.
In Virginia:
- Keeping a record of missed payments can strengthen your case.
- Non-payment of child support/alimony is a violation of the separation agreement.
Yes i have
That's good, Crystal. Having a record of missed payments can help your case. You should consider seeking legal advice to proceed with enforcing your separation agreement.
Ok
Explanation:
In Virginia:
- Legal advice can be sought from a family law attorney.
- The Virginia State Bar Association can provide referrals. Contact: (*) *-*.
In Virginia:
- Legal advice can be sought from a family law attorney.
- The Virginia State Bar Association can provide referrals. Contact: (*) *-*.
Ok thank you
You're welcome, Crystal. If you have any more questions or need further assistance, feel free to ask. Good luck with your case.
What if he trys to hide money to make it seem to the court he cant afford what he agreed too
What evidence do you have that he might be hiding money? In Virginia, hiding assets during a divorce proceeding is considered fraud and can result in penalties.
Every time he says hes doesnt have the money his ex partner is still gets noticed when the card gets used and from what i told he is always using his card and making withdrawals
Do you have access to these notifications or any other proof of his financial transactions?
No just a few screen shots from the friend
In Virginia, evidence of financial transactions can be used in court. You should consult with a lawyer to discuss the best way to present this evidence.
Ok
You're welcome, Crystal. If you need further assistance, don't hesitate to ask. Good luck with your case.
Is it best for me to file a motion at the court or to file with dcsc
What is the nature of the motion you are considering filing? This will help determine the best course of action.
Not paying child and alimony support we have a separation agreement
In Virginia, you can either file a motion in court or apply to the Division of Child Support Enforcement (DCSE). Which one is best depends on your specific situation.
That is what im trying to figure out
What is your preference: dealing directly with the court or having an agency handle the enforcement for you?
If i deal with the courts would it be best to have a lawyer
Yes, having a lawyer can be beneficial as they understand the legal procedures and can represent you effectively in court.
Ok
Do you have a lawyer or are you considering hiring one for this matter?
In Virginia:
- You can file a motion in court for enforcement of child and alimony support.
- Contact for Virginia Courts: (*) *-*.
In Virginia:
- You can file a motion in court for enforcement of child and alimony support.
- Contact for Virginia Courts: (*) *-*.
I need to find a low income in my area
What is your exact location in Virginia? This will help me find low-income legal aid services near you.
Yorktown
You can contact Legal Aid Society of Eastern Virginia for low-income legal assistance. Their Yorktown office is at * Main St, Yorktown, VA *, Phone: (*) *-*.
Ok thank you
You're welcome! If you have any more questions or need further assistance, feel free to ask.
If our separation agreement says no one can take it to court to void and amended that means nothing can be changed correct?
What specific terms are you concerned about being changed in your separation agreement?
Generally, in Virginia, separation agreements are legally binding and can only be changed by a court order.
Generally, in Virginia, separation agreements are legally binding and can only be changed by a court order.
The amount in child and alimony support
What is the current amount of child and alimony support as per your separation agreement?
In Virginia, changes to child and alimony support require a court order showing a significant change in circumstances.
In Virginia, changes to child and alimony support require a court order showing a significant change in circumstances.
All together * a month
What has been the change in circumstances that makes you believe the support amount might be altered? In Virginia, a significant change in circumstances is required for modification.
Because he keeps saying he cant afford that amount and is upset at me because he owes me back support and said we we're going to court
Has your ex-partner experienced a significant change in his financial situation that would justify a reduction in support payments?
No he owns a business and has been working. He has a drug problem now
Does his drug problem affect his ability to work or generate income? In Virginia, a significant change in circumstances is required for modification of support payments.
Im sure it does
Does his drug problem lead to a significant decrease in his income, affecting his ability to pay the agreed support?
He has the money to buy drugs but wont give me child support
What evidence do you have of his drug use and his ability to afford it?
I have him in a recording telling me what drugs he did while our kids we're at his house on his weekend
What is the nature of the drugs he's using? In Virginia, drug use can impact custody and visitation rights, especially if it endangers the child's welfare.
Cocain
What steps have you taken so far regarding his drug use and its impact on your children's safety?
Nothing yet because im not sure how to go about it
What is the age of your children and have they been exposed to his drug use?
* and * and im not sure. I mean i know he was doing drugs that one night because he had ro bring them back home to me because his girlfriend and him got into a fight and he also told me she punched him in the face in front of my youngest
Have you reported this incident to the police or any child protective services?
No
Do you have any evidence of the physical altercation that occurred in front of your child?
No
What steps are you willing to take to ensure the safety of your children and to enforce the agreed upon child and alimony support?
I will do anything to keep them safe
Have you considered filing a report with Child Protective Services or seeking a protective order due to the drug use and violence in your ex's home?
Some what but i dont know if they are going to need some proof
What kind of proof do you currently have regarding his drug use and the violence in his home?
Just the recordings on my phone
What exactly is being said in these recordings? In Virginia, it's legal to record a conversation if you're a party to it. This could potentially serve as evidence.
That he did * lines of cocain took * shots and drank a beer
What is the date and time of these recordings? It's important to establish a timeline for these incidents. In Virginia, substance abuse can impact custody and visitation rights.
And he drove my kids
What date and time did he drive your kids while under the influence of drugs and alcohol?
* am
What date was this incident where he drove your kids under the influence at * am?
May 20th
What actions did you take after this incident on May 20th? Did you report his driving under influence to the police?
I haven't taken any
What is the reason you haven't taken any action yet?
Because i dont know what proof i will neee
What kind of proof do you think you might need to take action? In Virginia, your recordings and any other evidence of drug use or endangerment can be used in court.
I guess text messages or email
Do you have any text messages or emails that could serve as additional evidence of his drug use or neglectful behavior towards your children?
No
What steps are you willing to take now to ensure the safety of your children and to enforce the agreed upon child and alimony support?
Whatever i nees to do
What steps have you taken to document his failure to pay the agreed upon child and alimony support?
I just have it in my calendar when he doesn't pay
What is the total amount of child and alimony support he owes you currently?
*
What steps have you taken to enforce the payment of the overdue child and alimony support?
Nothing yet because i dont know if its best to file a motion or go through dcsc
What is the DCSC? Are you referring to the Division of Child Support Enforcement (DCSE) in Virginia?
Yes sorry
What steps have you taken with the Division of Child Support Enforcement (DCSE) in Virginia to enforce the payment of overdue child and alimony support?
Nothing
What is stopping you from contacting the Division of Child Support Enforcement (DCSE) in Virginia to enforce the payment of overdue child and alimony support?
I know he is gonna lie about his income and he is gonna trt to hide what he is really making
What evidence do you have of his actual income and his attempts to hide it?
He lies about everything and his ex partner who worked for him still gets Notifications when the card gets used and a atm withdrawal
What kind of notifications does his ex-partner receive and do they indicate his actual income or spending habits?
That the card was used but doesn't say for what or the amount but he stays telling me he has zero dollars
What kind of business does your ex-partner own? This information could be useful in determining his income.
Carpentry
What is the annual revenue of his carpentry business, if you know?
I dont know
Do you have access to any of his business records or financial statements that could help determine his actual income?
No
What steps are you willing to take to gather evidence of his actual income and his failure to pay the agreed upon child and alimony support?
Whatever i can
What steps have you taken to gather evidence of his drug use and its impact on your children's safety?
Just the recordings
What is the content of these recordings? Do they clearly indicate his drug use and neglect towards your children?
Just him saying what he did that night and the fact our kids were at his house when he did
What steps are you willing to take to protect your children from his drug use and potentially dangerous behavior? In Virginia, you can consider filing a report with Child Protective Services or seeking a protective order.
Whatever i have to
What steps have you taken to consult with a lawyer regarding your situation? In Virginia, a lawyer can guide you on how to use your evidence effectively in court.
I haven't found a lawyer yet im looking
What are the factors you're considering in your search for a lawyer?
Low income
What steps have you taken to find a low-income or pro bono lawyer in Virginia?
Legal aid society
What specific services are you seeking from the Legal Aid Society?
Child support
What is the current status of your application with the Legal Aid Society for assistance with child support enforcement?
Im waiting to hear from them
What is the timeline you have given them to respond back to you?
3 days
What is the date you applied for assistance with the Legal Aid Society?
Today
What is the name of the county where you reside in Virginia? This will help me provide you with the contact details of the nearest court and other relevant local resources.
Yorktown
What is the name of your ex-partner's business?
Exact carpentry llc
What is the registered address of Exact Carpentry LLC?
* timberneck drive hayes va
What is the nature of your ex-partner's drug problem? Has it affected his ability to work or generate income?
Im not sure
Im not sure
What steps have you taken to address your ex-partner's drug problem, especially considering its potential impact on your children's safety?
We dont communicate unfortunately
What steps are you willing to take to ensure your children's safety and enforce the agreed upon child and alimony support?
When the judge signs off on the final decree of divorce does it become a court order about child and alimony support
Yes, once the judge signs the final decree of divorce, it becomes a court order. This includes provisions for child and alimony support.
A lawyer told me that out speration agreement basically means nothing and my ex is not paying child and alimony support that he agreed too
What steps have you taken so far to enforce the court order for child and alimony support?
Nothing yet
What is the name of the county where your divorce was finalized? This will help me provide you with the contact details of the court.
York
The York-Poquoson Courthouse is located at * Ballard St, Yorktown, VA *. You can contact them at (*) *-* for further assistance.
Yes that is were i filled
What is the current status of your case at the York-Poquoson Courthouse?
Waiting for the judge to sign off on it
What is the timeline given by the court for the judge to sign off on your case?
I was told when ever a judge is available
What is the estimated time frame given by the court for a judge to be available?
They didn't say
What is the name of your ex-spouse's county of residence? This information is necessary for filing a complaint for violation of a court order.
Hayes
What is the full name of your ex-spouse? This information is necessary for filing a complaint for violation of a court order.
Zachary' Robert Overton
What is the amount of child and alimony support that Zachary Robert Overton agreed to pay in the separation agreement?
* a week
What is the frequency of the missed payments?
Been missing payments since March *
What is the total amount of missed payments since March *?
He owes me *
What steps have you taken so far to enforce the court order for child and alimony support?
None yet
What is the reason given by Zachary Robert Overton for not making the payments?
Claims he couldn't find work but now is working a lot but still doesnt give me the money
What is the nature of Zachary Robert Overton's current employment?
He owns a business
What is the name and nature of the business that Zachary Robert Overton owns?
Exact carpentry llc
What is the location of Exact Carpentry LLC?
Hayes va
What is the contact information for Exact Carpentry LLC?
I dont know
What is the nature of the work done by Exact Carpentry LLC?
Carpentry
What type of carpentry does Exact Carpentry LLC specialize in?
Building decks and additions
What is the financial status of Exact Carpentry LLC?
I dont know
Have you considered hiring a lawyer to help you enforce the court order for child and alimony support?
Yes
What is the name of the lawyer you are considering to hire?
But do i have to wait for the judge to sign off
Yes, you need to wait for the judge to sign off on the final decree of divorce before you can enforce the child and alimony support order.
Ok
What is the name of the lawyer you are considering to hire?
Im still looking
What are the key factors you're considering in your search for a lawyer?
When I file for divorce in my complaint, can I add additional information stating that our separation agreement be incorporated in our final degree of divorce
Yes, in Virginia, you can request the court to incorporate your separation agreement into the final divorce decree. This makes the agreement enforceable as a court order.
Can that burvage be put in the complaint? Or does that have to be put in the final decree of divorce
Yes, in Virginia, you can include the request to incorporate the separation agreement in both the complaint and the final decree of divorce.
In my complaint for divorce, do I have to have that I want our separation agreement incorporated in the complaint and the final divorce decree. Or can I just have it incorporated in the complaint?
In Virginia, do you have a lawyer representing you in your divorce case?
No
In Virginia, you can request to incorporate the separation agreement in both the complaint and the final divorce decree. However, it's advisable to consult with a lawyer for proper guidance.
Ok
Have you considered seeking legal aid services in Virginia for assistance with your divorce case?
General Information:
- Virginia Legal Aid Society: * Church St, Lynchburg, VA *, Phone: (*) *-*
- Legal Services of Northern Virginia: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*
General Information:
- Virginia Legal Aid Society: * Church St, Lynchburg, VA *, Phone: (*) *-*
- Legal Services of Northern Virginia: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*
I have i spoke to someone already
That's great. Do you have any specific questions or concerns after speaking with the legal aid service?
I do
What specific questions or concerns do you have after speaking with the legal aid service?
I received legal advice and I was told that my separation agreement means basically nothing because of the verbage that I don't have it included in my final decree of divorce
Who provided you with this legal advice? It's important to note that in Virginia, a separation agreement can be enforceable even if it's not included in the divorce decree.
Legal aid of eastern virginia
What specific verbiage in your separation agreement was pointed out as problematic by the Legal Aid of Eastern Virginia?
General Information:
- Virginia law recognizes separation agreements.
- Legal Aid of Eastern Virginia: * St Pauls Blvd, Norfolk, VA *, Phone: (*) *-*.
General Information:
- Virginia law recognizes separation agreements.
- Legal Aid of Eastern Virginia: * St Pauls Blvd, Norfolk, VA *, Phone: (*) *-*.
I'm not receiving my child support in alamoni since March and she said. Because I don't have it that. It states that we want the separation agreement incorporated
What is the exact wording in your separation agreement regarding child support and alimony?
General Information:
- Virginia law requires child support and alimony agreements to be clear and specific.
- Norfolk Circuit Court: * St Pauls Blvd, Norfolk, VA *, Phone: (*) *-*.
General Information:
- Virginia law requires child support and alimony agreements to be clear and specific.
- Norfolk Circuit Court: * St Pauls Blvd, Norfolk, VA *, Phone: (*) *-*.
That he pays me five hundred every week for child support in five hundred every week for alimony starting july twenty second twenty twenty two
What steps have you taken since realizing your ex-spouse has not been making the agreed payments?
General Information:
- Non-payment of child support or alimony can be enforced by the court.
- Norfolk Circuit Court: * St Pauls Blvd, Norfolk, VA *, Phone: (*) *-*.
General Information:
- Non-payment of child support or alimony can be enforced by the court.
- Norfolk Circuit Court: * St Pauls Blvd, Norfolk, VA *, Phone: (*) *-*.
Nothing yet just trying to find legal advice
What is your current financial situation and are you able to afford a private attorney or do you need assistance finding low-cost or free legal services?
I can't afford a lawyer. That's why I thought that the legal aid of eastern virginia could help me
What specific assistance are you seeking from Legal Aid of Eastern Virginia?
How to go about getting my child support in alamogi back support
What steps have you taken so far to claim your back support for child support and alimony?
What is a affidate of plaintive in support of divorce
An Affidavit of Plaintiff in support of divorce is a sworn statement by the plaintiff (person filing for divorce) detailing the grounds for divorce. Are you filing for divorce in Virginia?
Yes I have
What grounds are you citing for your divorce? In Virginia, grounds can include adultery, cruelty, desertion, or separation for a certain period.
Separation for a certain period
In Virginia, you can file for a no-fault divorce if you've been separated for at least one year. Are you and your spouse living separately and have no cohabitation?
Yes its been a year
Great, you can proceed with filing for a no-fault divorce. The Virginia Judicial System website has forms and instructions. The nearest court is Fairfax County Circuit Court, * Chain Bridge Rd, Fairfax, VA *, (*) *-*.
Do I have to schedule a hearing for the final decree in divorce
In Virginia, a hearing is not always necessary for a final decree in divorce if all matters are agreed upon. However, it's best to consult with a legal professional.
What do i need to do if my ex responded to the final decree of divorce by asking a motion of Continuance
What is the reason your ex has given for requesting a continuance? This will help me provide more accurate information.
He hasn't giving me a reason but i know its because of the amount of back pay he owes me
What is the current status of the motion of continuance? Has the court granted it?
In Pennsylvania, a party can request a continuance for various reasons, but it's up to the court to grant or deny it.
In Pennsylvania, a party can request a continuance for various reasons, but it's up to the court to grant or deny it.
No they haven't
What is the next hearing date set by the court? In Pennsylvania, the court usually sets a new date when a motion for continuance is filed.
We have no date
What steps have you taken since the court hasn't set a new date?
In Pennsylvania, you can contact the court clerk for updates on your case.
In Pennsylvania, you can contact the court clerk for updates on your case.
The cleark told me to keep checking in to see if he turns anything else in
What documents has your ex submitted to the court so far? In Pennsylvania, a motion for continuance should be accompanied by a written statement explaining the reason for the request.
Im not sure he was served the final decree of divorce on the 12th of September
Has your ex-husband submitted any other documents to the court apart from the motion for continuance?
In Pennsylvania, all documents submitted to the court are part of the public record and can be accessed for information.
In Pennsylvania, all documents submitted to the court are part of the public record and can be accessed for information.
No
What is the name of the court handling your case? This will help me provide you with the contact details.
The clerk said she doesn't know what hes asking for
What is the name of the court where your case is being handled? This will help me provide you with the contact details.
York county circuit court
York County Circuit Court is located at * N George St, York, PA *. You can contact them at (*) *-* for updates on your case.
Do you have to have a lawyer to file a motion of Continuous for a divorce
No, you don't necessarily need a lawyer to file a motion for continuance in North Carolina. However, it's recommended due to legal complexities.
Im in Virginia
What is the reason you're seeking a continuance for your divorce proceedings?
Im not my ex filed for one
What is the reason your ex is seeking a continuance for the divorce proceedings?
Im guessing the money for child and alimony support
What is the current status of your child and alimony support payments?
He has not been paying the money
What steps have you taken so far to enforce the payment of child and alimony support?
Nothing yet because i was told i have to wait for the judge to sign off on the divorce papers to make it a court order
What is the current status of your divorce proceedings? Have the papers been signed off by the judge yet?
No not yet he was served and im guessing he wants to fight it
What is the basis of his contestation? In North Carolina, if a divorce is contested, it may take longer and involve court hearings.
It was uncontested because we have a signed separation agreement but now he is having a problem with me because he owes me back pay
What is the exact issue he has with the back pay?
He hasn't paid it
What steps have you taken to enforce the payment of the back pay?
In North Carolina, you can file a motion for contempt if he violates the separation agreement.
In North Carolina, you can file a motion for contempt if he violates the separation agreement.
Nothing because i was told i cant do anything until the judge makes it a court order is thay true?
Yes, it's true. Until the judge signs the order, it's not enforceable. You can file a motion for contempt once it's a court order.
Ok
What is the amount of back pay he owes you?
In North Carolina, non-payment of child support and alimony can lead to serious consequences, including wage garnishment, property liens, and even jail time.
In North Carolina, non-payment of child support and alimony can lead to serious consequences, including wage garnishment, property liens, and even jail time.
*
What is the frequency of the child support and alimony payments as per your agreement?
Every week
What is the agreed upon amount for the weekly child support and alimony payments?
* for child and * for alimony a week
What is the duration he has not been paying these amounts?
In North Carolina, non-payment of child support and alimony can lead to wage garnishment, property liens, and even jail time.
In North Carolina, non-payment of child support and alimony can lead to wage garnishment, property liens, and even jail time.
Since March
What actions has your ex taken in response to the motion for continuance?
Im not sure i just found out today that he filed that
What is the reason your ex provided for filing the motion for continuance?
The clerk said she doesnt lnow why he filed it
What was the date when he filed the motion for continuance?
*/*/*
What is the date of your next scheduled court hearing?
*
What is the current status of the motion for continuance?
We dont have a hearing
What is the reason for not having a hearing scheduled yet?
Im not sure
What is the date on the divorce papers that your ex was served with?
12th of September
What is the date of your next scheduled court hearing?
We dont have one
What is the reason given for not scheduling a court hearing yet?
I asked for it to be done by affidavit
What is the reason you chose to proceed with the divorce by affidavit?
Because its a no fault we agreed on everything
What is the status of your affidavit? Have you submitted it to the court?
In North Carolina, uncontested divorces can often be handled through affidavit, which can expedite the process.
In North Carolina, uncontested divorces can often be handled through affidavit, which can expedite the process.
I have given the courts my affidavit
What is the date you submitted your affidavit to the court?
*/*/*
What is the current status of your affidavit in the court?
Nothing
What is the reason for the delay in processing your affidavit by the court?
Waiting for him to be served and he has
What is the current status of the service process? Has he acknowledged receiving the papers?
Yes he has and his response was motion of Continuance
What is the date your ex was served with the divorce papers?
12th
What is the reason your ex provided for filing the motion for continuance?
She said he didn't say
What is the next step you're planning to take regarding this situation?
Do i need to get a lawyer
What is your financial situation? Depending on your income, you might be eligible for free legal aid in North Carolina.
Does a judge have to approve of motion of continuance
Yes, in Virginia, a judge must approve a motion for continuance. It's not guaranteed and depends on the reason provided.
- Virginia Rule *:* covers continuances and adjournments.
- Virginia Rule *:* covers continuances and adjournments.
Ok
The nearest court to you in Virginia is the Fairfax County General District Court. Their contact number is (*) *-*.
How do i enforce my separation agreement since the judge has yet to sign off on the divorce
Have you contacted your attorney or the court clerk regarding the delay in the judge's sign-off?
In Virginia, you can enforce a separation agreement by filing a motion for contempt in court.
In Virginia, you can enforce a separation agreement by filing a motion for contempt in court.
No because he was just served on the 12th of September
What is the current status of your case? Have you received any updates from the court since the papers were served?
He filed a response asking motion of continuance
What is the reason given for the motion of continuance?
In Virginia, a motion for continuance can be granted if there's a valid reason, such as needing more time to prepare.
In Virginia, a motion for continuance can be granted if there's a valid reason, such as needing more time to prepare.
Clerk said he was asking the hearing to be done after a certain time but we have to hearing
What is the specific time your ex-partner is requesting for the hearing?
In Virginia, the court may grant a motion for continuance if it deems the reason valid.
In Virginia, the court may grant a motion for continuance if it deems the reason valid.
Didn't say
What is the reason your ex-partner is requesting for the hearing to be done after a certain time?
Im guessing the child and alimony support because he owes me back pay for *
What is the total amount of back pay he owes you for child and alimony support?
*
What steps have you taken so far to recover the back pay?
In Virginia, you can file a petition for child support enforcement with the Division of Child Support Enforcement (DCSE).
In Virginia, you can file a petition for child support enforcement with the Division of Child Support Enforcement (DCSE).
Nothing because I was told the judge has to sign off on the decree of divorce before i can enforce anything
Have you considered filing a petition for child support enforcement with the Division of Child Support Enforcement (DCSE) in Virginia?
Yes but was told to do so when the judge signs off on the divorce
Have you received any communication from the court about when the judge might sign off on the divorce?
In Virginia, the court must finalize the divorce before enforcing child support and alimony orders.
In Virginia, the court must finalize the divorce before enforcing child support and alimony orders.
No
What is the name of the court where your divorce case is being handled?
York county circuit court
What is the date of your next hearing at the York County Circuit Court?
York County Circuit Court Contact Details:
* Ballard St, Yorktown, VA *
Phone: (*) *-*
York County Circuit Court Contact Details:
* Ballard St, Yorktown, VA *
Phone: (*) *-*
Yes that one
What is the date of your next hearing at the York County Circuit Court?
We dont have a court hearing
What is the reason given for not having a court hearing?
The clerk said I didn't have to request a hearing
What did the clerk suggest you do next since you don't have to request a hearing?
In Virginia, the court may process the divorce without a hearing if all matters are agreed upon.
In Virginia, the court may process the divorce without a hearing if all matters are agreed upon.
Nothing at this point I was told I was just needing to wait for the judge to sign off on the final decree of divorce
What is the date when the judge is expected to sign off on the final decree of divorce?
In Virginia, the judge's sign-off time can vary, but it usually takes a few weeks after all documents are submitted and agreed upon.
In Virginia, the judge's sign-off time can vary, but it usually takes a few weeks after all documents are submitted and agreed upon.
Im not sure
What is the date when you submitted all the necessary documents for the divorce?
They have had everything the last 2 months almost *
What is the name of your attorney who is handling your case?
I don't have one we did a no fault but now he wants to go to court over money that is owed to me
What is the exact amount of money he is disputing? In Virginia, if the divorce is uncontested, the court usually doesn't intervene in financial matters unless there's a dispute.
The child and alimony
What is the total amount of child and alimony support he is disputing?
* a week for both
What is the duration for which he has not been paying the agreed amount of $* per week?
In Virginia, non-payment of child support and alimony can lead to serious consequences, including wage garnishment, fines, and even jail time.
In Virginia, non-payment of child support and alimony can lead to serious consequences, including wage garnishment, fines, and even jail time.
March
Since March, how many weeks has he missed paying the agreed amount of $*?
* weeks
What steps have you taken to document these missed payments? In Virginia, keeping a record of missed payments can be crucial for enforcement actions.
Input it in my calendar
Have you considered sharing this record of missed payments with the court or your ex-partner's attorney?
Yes
What was their response when you shared the record of missed payments?
I haven't showed anyone yet
What is preventing you from showing the record of missed payments to the court or your ex-partner's attorney?
Im not sure if he has an attorney yet
Have you received any official communication or document indicating that your ex-partner has hired an attorney?
No not yet
What is the total amount of child and alimony support he owes you since he stopped paying in March?
*
What is your plan to recover the owed child and alimony support?
In Virginia, you can file a petition for child support enforcement with the Division of Child Support Enforcement (DCSE).
In Virginia, you can file a petition for child support enforcement with the Division of Child Support Enforcement (DCSE).
If I have a sign separation agreement can the other party tried to fight it
Yes, the other party can challenge a signed separation agreement, but it's generally difficult if the agreement was properly executed and fair. What's the reason for the challenge?
The child and alimony support
What specific issues are they raising about the child and alimony support?
He hasn't been paying what was agreed too
What steps have you taken so far to address this issue?
Nothing yet
Have you considered filing a motion for contempt in your local court? This could enforce the terms of your separation agreement.
Yes but i was told i couldn't do anything about it unti the judge signs off on the divorce decree
Who told you that you couldn't do anything until the judge signs off on the divorce decree?
In Virginia, you can enforce a separation agreement before the divorce is finalized.
In Virginia, you can enforce a separation agreement before the divorce is finalized.
A lawyer
What is the lawyer's reasoning behind this advice? In Virginia, you can enforce a separation agreement before the divorce is finalized.
Because the judge has to make it a court order
What is the current status of your divorce proceedings?
Waiting for the judge to sign off but my ex asked for a motion of continuance
What is the reason your ex has given for requesting a motion of continuance?
Something about wanting more time
What is the reason your ex needs more time for?
The clerk didn't say she said she doesn't know why he filed that
What is the current status of the motion of continuance? Has the judge granted it?
No Because it was just submitted yesterday
What is the agreed amount for child and alimony support in your separation agreement?
* a week of child and * a week for alimony
How long has your ex been failing to meet these agreed payments?
Since March
What actions has your ex taken to justify not making the agreed payments since March?
Nothing
What is the total amount of missed payments since March?
*
What is the full name of the court where your divorce proceedings are taking place?
*
What is the name of the county in Virginia where your divorce proceedings are taking place?
York county circuit court
What is your ex's reason for not making the agreed payments?
York County Circuit Court is located at * Ballard St, Yorktown, VA *. You can contact them at (*) *-*.
York County Circuit Court is located at * Ballard St, Yorktown, VA *. You can contact them at (*) *-*.
At first told me he couldn't find work he owes his own business and now says hes so booked with work but im still not getting the money
What proof do you have of his income and his ability to pay? In Virginia, child support and alimony are based on the ability to pay.
I don't have any
Have you considered hiring a private investigator or requesting financial documents to prove his income? In Virginia, these can be used as evidence in court.
Yes if i get a lawyer i plan on getting his financial documents
What type of business does your ex own? This could be relevant in determining his income and ability to pay.
Carpentry
What is the name of the business and its location?
Exact carpentry llc hayes va
What is the financial condition of the business, Exact Carpentry LLC, in Hayes, VA?
Im not sure i know nothing of his business
Have you considered seeking legal advice on how to subpoena his business records to prove his income?
No
Would you like me to provide information on how to subpoena business records in Virginia?
Yes
In Virginia, to subpoena business records:
- File a "Subpoena Duces Tecum" form with the court.
- Serve the subpoena to the custodian of the records.
- The custodian must respond within 15 days.
York County Circuit Court: * Ballard St, Yorktown, VA *, (*) *-*.
- File a "Subpoena Duces Tecum" form with the court.
- Serve the subpoena to the custodian of the records.
- The custodian must respond within 15 days.
York County Circuit Court: * Ballard St, Yorktown, VA *, (*) *-*.
Thank you
You're welcome! If you have any more questions or need further assistance, feel free to ask.