Legal Question in Family Law in Virginia

Back child support

Dad is being jailed because of back child support. Been out od work. Borrwed money to pay a little over $6000.00 in june. Still owe $2500.00 and judge would not give an extention. Is there any way dad can be release from jail with some of the $2500.00 is paid or how can he go about making payments? Did not see an area for child support issues.


Asked on 1/09/07, 10:40 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Back child support

Child support issues are regularly addressed in this forum under the Family Law category.

As to your question, only the judge could decide whether the arrangement which you've proposed would be acceptable, after the prosecutor assigned to the case has had an opportunity to also consider it and offer an opinion.

Therefore, your Dad's attorney should contact the prosecutor to sound her or him out on this proposal. If Dad has no such attorney, he himself could write a letter from the jail to the judge outlining his proposal with a copy sent to the prosecutor.

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Answered on 1/09/07, 12:34 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Back child support

The area of contempt of court is always and only within the discretion of the judge and cannot be reversed except for abuse of that discretion.

Therefore the terms of incarceration or release are always up to the Judge. You asked if there's a forgiveness program or a payment plan. The Judge is the only one who sets those terms. You have no choice but to go there.

Good luck.

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Answered on 1/09/07, 9:23 pm


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