Legal Question in Family Law in Virginia

Re: Capias for non payment from 3 yrs ago

Only a court with proper jurisdiction is empowered to issue a capias(arrest warrant) in the Commonwealth of Virginia. DCSE iself has no such authority but may have requested a Juvenile and Domestic Relations District Court to issue one for your boyfriend's nonpayment of child support.

Your boyfriend should be contacting DCSE to make

them aware of his current situation and to see whether the capias that's currently outstanding can be withdrawn.

The capias was issued not for your boyfriend's failure to pay child support but rather for his failure to appear in court to answer the court-issued summons for a Rule To Show Cause as to why he should not be found in contempt for nonpayment of support.

Re: Capias for non payment from 3 yrs ago

Hi, My name is Wayne Comer,an attorney in Dunn Loring (Vienna)Virginia.

Hopefully it is not too late to unspill the milk. Anyway, your friend should have responded to any notices received from the JDR Court and should have notified the DCSE or the Court of change of address. He could have testified as to his temporary unemployment and may have been granted a temporary stay of the support Order. They would have given due consideration to his circumstances.

I would advise him to contact the DCSE and discuss what he might do to make amends and hopefully get back in their good graces. Except for a self employed or itinerant parent, it is now extremely difficult to avoid the consequences of a support order, so voluntary cooperation is called for. Unless his record in such matters is worse than it appears, it is not likely that he will get any jail time. GOOD LUCK!