Unpaid Child Support Enforcement

Summary

In Virginia, non-payment of child support and alimony is enforceable regardless of employment status. You can file a petition for enforcement with the court that issued the child support order. Non-payment can lead to wage garnishment, property liens, or even jail time. Contact your local court for enforcement.

Full Conversation

I have a signed separation agreement and my ex has not been paying child support or alimony since march.
What state are you located in, Crystal? This will help me provide the most accurate information regarding your situation.
Virginia
What steps have you taken so far to enforce the agreement? In Virginia, you can file a petition in court to enforce a separation agreement.
I have not done anything yet
What is the reason your ex-partner gave for not paying the child support and alimony?
He claims he is not working that much
What is the employment status of your ex-partner as per the separation agreement? In Virginia, child support and alimony are enforceable regardless of employment status.
It doesn't have anything that states about employment
What is the amount of child support and alimony stated in the separation agreement?

In Virginia:
- Child support and alimony are enforceable regardless of employment status.
- Non-payment can lead to legal consequences.
Basically a * a week and that was the number he came up to give me since ive been a stay at home mom for the last 8 years
What is the total amount of unpaid child support and alimony till now?

In Virginia:
- Non-payment of child support and alimony can lead to wage garnishment, property liens, or even jail time.
- Contact your local court for enforcement.
*
What is the name of the county where you reside in Virginia? This will help me provide you with the contact details of your local court.
Yorktown
What is the name of your ex-partner? This will help me provide you with the contact details of your local court.

In Virginia:
- Non-payment of child support and alimony can lead to wage garnishment, property liens, or even jail time.
- Contact York-Poquoson General District Court at (*) *-* for enforcement.
Zachary Robert Overton
What is the current address of your ex-partner, Zachary Robert Overton? This information is necessary for serving legal documents.
* Timberneck drive hayes va *
What is the name of the court where your separation agreement was filed?

In Virginia, you can file a petition in the same court to enforce the agreement. The Gloucester General District Court near Hayes can be contacted at (*) *-*.
* ballard st Yorktown va *
The court you mentioned is York-Poquoson General District Court. You can contact them at (*) *-* for further assistance.
Yes
What is the name of your lawyer who helped with the separation agreement?
We dont have a lawyer because we agreed on everything
In Virginia, you can represent yourself in court. However, it's recommended to consult a lawyer when enforcing a separation agreement.
Also when i filled the paper work it asked of I had arrearage can i only add the amount that is owed to me if its only court ordered
In Virginia, arrearage refers to unpaid child support or alimony. You can include any unpaid amounts, whether court-ordered or agreed upon in your separation agreement.
Can i add it into my final decree of divorce
Yes, in Virginia, you can incorporate your separation agreement, including unpaid child support and alimony, into your final decree of divorce.
Ok thank you
You're welcome, Crystal. If you have any more questions or need further assistance, feel free to ask.
Ok thank you
You're welcome, Crystal. Don't hesitate to reach out if you need more help in the future.
If my ex is abusing drugs and i feel like our kids are in a toxic environment when they stay at his house
What state are you currently residing in? This will help me provide you with the most accurate information regarding child custody laws in your area.
Virgina
What evidence do you have of your ex's drug abuse and its impact on your children? In Virginia, courts prioritize the child's best interests when determining custody arrangements.
He has told me he uses cocain at times and his friend told me he has a problem
Do you have any documented evidence of his drug abuse, like text messages, emails, or witness testimonies?

- In Virginia, drug abuse can affect custody decisions.
- Fairfax County Courthouse: * Chain Bridge Rd, Fairfax, VA *, (*) *-*.
The only thing i have is him on a recorded conversation about him telling me did drugs and drank and he drove our kids back to my house intoxicated
Do you have any concerns about your children's safety when they are with him?

- In Virginia, child endangerment laws apply if a parent drives intoxicated with a child in the car.
Yes i do
What specific incidents or behaviors have led you to be concerned about your children's safety?
Besides the drug and alcohol abuse his girlfriend hits him from what he says
Do you have any evidence or witnesses to support the claim of physical abuse by his girlfriend? In Virginia, domestic violence can also impact custody decisions.
Just him saying it in a recording
Do you have legal representation? In Virginia, recordings can be used as evidence if one party consents. It's crucial to consult with a lawyer for advice.
No
Would you like assistance in finding a family law attorney in Virginia?
No thank you i can find one
That's great! If you need any further legal information or assistance, feel free to ask.
Thank you
You're welcome! If you have any more questions in the future, don't hesitate to reach out. Stay safe and take care.
He is upset that i keep asking for money that is owed and now told me he is taking me to court
What is the reason he is citing for taking you to court?
He did not say
What state are you currently residing in? This will help me provide you with the most accurate information regarding your legal situation.
Virginia
Virginia
What documentation do you have regarding the child support and alimony agreement?
We have a signed separation agreement
What are the terms of the child support and alimony in your separation agreement?
That he pays * a week
What actions have you taken so far regarding the unpaid child support and alimony?
I haven't done anything yet getter ready to find a lawyer
What is the total amount of unpaid child support and alimony till date?
*
What is the duration for which the child support and alimony has been unpaid?
Since March *
Have you informed the court about the unpaid child support and alimony? In Virginia, non-payment can lead to penalties including wage garnishment, license suspension, or even jail time.
No not sure how to go about that
You can file a petition for enforcement with the court that issued the child support order. Would you like the contact details for the Virginia family court?
Yes
The Virginia Family Court nearest to you is the Fairfax County Juvenile and Domestic Relations District Court. Their contact number is (*) *-*.
Ok im still waiting for him to get served the divorce papers and the courts already have our separation agreement on file
What is the current status of the divorce proceedings?
Im not sure because im still waiting for him to be served and that is what the judge is waiting for
Has your spouse been notified about the divorce proceedings and the court date?
No. We dont have a court date because we did this without lawyers because we agreed on everything but now he wants to go to court over money
What is the specific amount he is disputing in court?
He didn't say and to be honest he doesnt even know how much hes behind because he doesnt care. He stated that he doesnt owe me anything but the kids will be taken care off
What steps have you taken to ensure he gets served the divorce papers?
I paid a fee so the sheriff's can have him served
What is the current status of the sheriff's service? Have they been able to serve him yet?
They haven't received it yet that they should this week
What is the expected timeline for the sheriff's service to deliver the divorce papers?
* weeks
What is your plan if he continues to refuse to pay the child support and alimony after the divorce papers are served?
Go to court
What is your plan for legal representation in court?
Im not sure
Are you considering hiring a lawyer or representing yourself in court?
A lawyer most likely
What type of lawyer are you considering? Family law, divorce law, or child support law?
I guess child support
What is the age of your child/children? This information is important as child support laws in Virginia are applicable until the child turns * or graduates from high school.
* and *
What is the current employment status of your spouse?
He is self employed
What is the nature of your spouse's self-employment? This information can be crucial in determining his income and ability to pay child support and alimony.
Im not sure
Do you have any idea about his income from his self-employment? This could be important in determining the amount of child support and alimony he can afford to pay.
No really because he claiming he couldn't find work for a while but an ex employee of his told me that he has the money to pay me but his girlfriend is in his head and she quit her job to work for me and since that happened that's when i stopped getting the money
Have you considered collecting evidence of his income, such as bank statements or testimonies from his ex-employees? This could be useful in court.
Yes i have
What steps have you taken to collect evidence of his income?
The only thing i have is a few screen shots from his ex employer just letting me know that hes been using the card and taking money out the atm. The use to be partners and he gets notified when the business card gets used
What is the total amount of money he has withdrawn from the ATM using the business card, according to the screenshots?
It doesn't show the amount unfortunately he just says a transaction has been made
Do you have any other evidence or witnesses that can testify to his financial situation or his ability to pay the child support and alimony?
No
What is the name of the court where your divorce proceedings are taking place?
York county General district
What is the frequency of his ATM withdrawals according to the screenshots?
A couple of times
How often does he make these ATM withdrawals? Weekly, monthly?
Im not sure because he has only sent me *
What is the total amount of child support and alimony he has paid since the agreement was signed?
Hold on i need to add that up
What is the total amount of child support and alimony he has paid since the agreement was signed?
*
What is the total amount of child support and alimony he was supposed to pay since the agreement was signed?
He is behing *
What is the total amount of child support and alimony he was supposed to pay since the agreement was signed?
* a week
What steps have you taken to enforce the separation agreement regarding child support and alimony?
Nothing yet
What is your plan to enforce the separation agreement regarding child support and alimony?

In Virginia, you can file a petition for enforcement with the court that issued the child support order.
But i dont have a court order
Do you have a written agreement about the child support and alimony? If yes, you can use this as evidence in court.
Yes
What is the total amount of child support and alimony he was supposed to pay according to the written agreement?

In Virginia, non-payment of child support and alimony can lead to penalties including wage garnishment, license suspension, or even jail time.
* a month
What steps are you planning to take to enforce the payment of the $* per month as stated in your written agreement?
Getting a lawyer to help enforce it
What type of evidence do you have to prove the non-payment of child support and alimony?

In Virginia, you can file a petition for enforcement with the court that issued the child support order. The Virginia Family Court nearest to you is the Fairfax County Juvenile and Domestic Relations District Court. Their contact number is (*) *-*.
Just me documentation that he didn't pay me and me not putting money in my bank account from him
What form does this documentation take? Are they written communications, bank statements, or something else? In Virginia, such evidence can be crucial in child support and alimony cases.
I have bank statements that show when i make a deposit
What is the frequency of these deposits and how does it compare to the agreed upon payment schedule?
I use to deposit money every week when he was giving me the money
What is the total amount you have deposited in your bank account from him since the agreement was signed?
*
What steps are you planning to take to ensure he gets served the divorce papers?
Sheriff's department
What is the timeline you have been given by the Sheriff's department for serving the divorce papers?
* weeks
What is your plan if he continues to refuse to pay the child support and alimony after the divorce papers are served?
Get a lawyer
What type of lawyer are you considering to hire for your case?
Child support
What is the name of the county where your spouse resides? This is important as child support enforcement is typically handled by the county where the noncustodial parent lives.
Gloucester
What is the name of your spouse's business? This could be useful in determining his income and ability to pay child support and alimony.
Exact carpentry llc
What is the nature of the business and its financial status?
Construction
What is the financial status of his business, Exact Carpentry LLC?
I dont know
Do you have any proof of his business transactions or income that could be used in court?
No
Mo
No
No
What is the total amount of child support and alimony he was supposed to pay according to the separation agreement?
Can i get a lawyer to subpoena my ex bank
What is the reason you want to subpoena your ex's bank? This will help me provide you with more accurate information.
He hasn't been paying child support and alimony and claims he has no money
What state are you currently residing in? This will help me provide you with the most accurate information regarding child support and alimony laws in your area.
Virginia
What evidence do you have to suggest that your ex-spouse is not being truthful about his financial situation?
His ex partner told me he has the money just doesnt want to give it to me
What steps have you taken so far to enforce the child support and alimony order?
Nothing
Have you contacted the Division of Child Support Enforcement (DCSE) in Virginia about this issue? They can help enforce child support orders.
No
Do you have the contact details of the Division of Child Support Enforcement (DCSE) in Virginia? They can help enforce child support and alimony orders.
Yes
What is the name of your ex-spouse's bank? This information can be useful if you decide to proceed with a subpoena.
Primis
Do you have any proof of your ex-spouse's income or assets? This could be useful in your case.
No
Do you have a lawyer representing you in this matter? If not, it's advisable to hire one to help with the subpoena process.
No
Would you like assistance in finding a lawyer who specializes in family law in Virginia?
Yes