Legal Question in Family Law in Virginia

Arrearage issue

Due to financial problems and the complications of my current wife's last pregnancy, I spoke with my ex-wife and she agreed that I don't have to pay a few months child support until I get on my feet. Our agreement was that the past due would be paid later. I have now been paying child support again for the last 6 months. In June, one of my two children with my ex-wife has graduated. Instead of reducing child support, my ex-wife and I agreed that I would continue paying the full amount and the difference on child support for one child would go toward the arrearages. I asked advice from some people who told me that legally, I still owe the full amount of arrearages until child support is changed through court. I spoke to my ex-wife and she agreed to make everything legal through courts without a lawyer to save us both money. Now the court date is less than two weeks away and she has asked for my information to give to her attorney. Her attorney has screwed me in the past with property during our divorce because I failed to have a lawyer. I'm afraid I'm going to get screwed again. I obviously can't trust my ex. How can I get my ex's info (paystubs and health info) without a lawyer? How can I protect myself now? Help!


Asked on 9/03/04, 4:39 pm

1 Answer from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: Arrearage issue

Your friends are right. There are three parties to a child support order. The mother, the father and the state. The State has the best interests of the child at heart and will not waive child support, even though the mother may. What this means, is it may be a problem for you further on down the line. Inability to pay support is a defense, but is difficult and expensive (in legal fees) to prove. I suggest you retain an attorney in your area or else your wife's lawyer is going to do what is in the best interests of his or her client. This is not something you can do successfully by yourself, I am sure your ex loves the fact that you think you can do this by yourself. You can get your ex wife's "info" by filing a subpoena duces tecum, forms of which are available at your local juvenile and domestic relations court clerk's office - ask the clerk for advice on filling them out. The best way to protect yourself now is to follow the letter of the order. Good luck!

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Answered on 9/03/04, 4:58 pm


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