Legal Question in Family Law in Virginia
Alimony
I recently became unable to work because of several heart attacks. I live in Ma and my ex wife in Va. Today I got a registered letter that was a summons to appear for non payment of my alimony. My ex knows I have no income until my application for disability is approved and even then I can't afford to keep paying her. Do i have to go to this hearing?
1 Answer from Attorneys
Re: Alimony
Your message does not say in which jurisdiction the hearing is, MA or VA; but unless you are incapacitated, you generally need to appear. Orders in divorce law usually don't automatically change because you are out of work. The Court needs to be told. If you don't appear, you stand the chance of being held in contempt; once that happens, you have a judgment against you and that is difficult to reverse. If you can't make it, you can try to negotiate with your ex-wife for a different date, or call the court and see how you can arrange to have a continuance. Your defense is that you couldn't pay because you have no (or little income) but that will have to be properly presented before the court. You can't rely on what your ex-wife "knows."
Otherwise, you need to file a Complaint for Modification (as it is demominated in Massachusetts and most other jurisdictions) asking that alimony be reduced or eliminated RETROACTIVELY to the date your income ceased. That is a separate case which will be heard on a separate track.