Legal Question in Family Law in Virginia

Back-owed payments and retirement benefits.

A former spouse owes a substantial amount in unpaid child support and alimony payments. This person is currently not employed but does have large stock holdings as well as large retirement funds that have not yet been accessed. Does to the other party have a legal right to those holdings to pay the deliquent payments?


Asked on 7/27/99, 10:22 am

2 Answers from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Back-owed payments and retirement benefits.

You may levy upon those assets just as you would with any other civil judgment, once you have a judgment for the arrears.

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Answered on 7/29/99, 2:09 pm
Paul B. Ward Law Offices of Paul B. Ward

Re: Back-owed payments and retirement benefits.

Yes. The process is to present evidence to the court of the amount owing by petition to the court for a rule to show cause why he should not be held in contempt for failure to make the support payments. He has to be served, and given a chance to appear. The court would, at the least, enter judgment for the amount appearing to be due, giving you the right to attach his various assets to pay the arrearage. It's not something you want to try without counsel, but you may be awarded attorney fees for pursuing him.

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Answered on 7/29/99, 7:07 pm


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