Legal Question in Family Law in Virginia

Child Support Enforcment/Enforcing property settlement

My divorce was final on August 1, 2006. No appeal was made within the time allowed by Virginia courts. Ex is in Texas living with his sister. Court awarded almost $17,000 in arrearage (child support enforcement is already involved)- divorce has been delayed by him since 2003. He refuses to get a job, his sister is supporting him - she says she would rather support him than have him pay me a dime in child support. Is there any legal way to prosecute her for her part in his continued avoidance of support? Also, I was awarded house. He must execute a Quitclaim deed transferring his rights to the marital home under the courts decree. He is refusing. Now says he has appeales Va ruling in Texas. VA has jusidiction - went after him under long arm statute - he says he is going to force the sale of house to offset his arreargage in child support. Stipulation areement was affirmed and ratified stating that he was entiled to 50% of equity at time of separation. At time of separation there was negative equity (according to assessment and mortgage papers)so he has no calim. Can he change the property settlement after the final ruling and appeal deadline? I am pretty sure he is just blowing hot air.


Asked on 9/21/06, 9:20 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Child Support Enforcment/Enforcing property settlement

Sounds like you know what you're talking about and he's blowing hot air.

Unfortunately, there is nothing you can do to the sister. The child support is his responsibility, not hers. You have an arrearage award and have to show cause him for not paying. Men go to jail for not paying their child support every day. If the support is administered by the Division of Child Support Enforcement, Texas will be the place where he is prosecuted even though Virginia is the court that gave the award. DCSE in Texas would prosecute and handle enforcement of the award.

He can't appeal a Virginia Decree in Texas.

If he does not do what the Divorce Decree orders him to do (if your agreement was incorporated into the divorce decree) then you bring him to Court where the divorce was entered. A Show Cause in Circuit Court gives the judge the option of signing the house over to you without his cooperation. He can't force a sale of the house if it was granted to you. He may indeed have equity in the house that can offset his arrearage. If the sale is at your option however, he may be waiting a long time. Obviously you dont have to sell if you haven't paid him off and the divorce is already over. Without seeing the agreement and decree I can't be sure.

Hope that helps.

Good luck.

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Answered on 9/21/06, 9:33 pm


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