Legal Question in Family Law in Virginia

Civil Contempt for Paying Support TOO Early???

Hi,

I have a rather large arrearage in child support because my ex-wife hid my child from me in violation of a Circuit Court Order for SIX years. My child turned 18 so I'm only paying on the arrearage. The amount I was ordered to pay was $300/month.

Recently I was dragged into Prince William County JDR, charged with civil contempt of court because I alledgedly failed to obey the Order requiring $300/month.

Because I knew my income would be limited during this past semester of school, I paid sometimes four months of arrearage payments such that, over the previous two years, my ex-wife actually received over $1200 more toward the arrearage than the Order actually required me to pay.

Needless to say, I was found in contempt, and the Judge ensured that I wouldn't be able to immediately appeal his ruling by continuing the matter for six months until he decides how to sentence me.

Understandably, if there was a current support obligation, I could understand the Court's logic, however, I have a fixed amount of arrears.

Any thoughts?


Asked on 3/19/04, 1:01 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Civil Contempt for Paying Support TOO Early???

If you actually overpaid the amount due on the arrears for the relevant time period, I find it difficult to believe as to how you could be found liable for civil contempt.

In preparation for the next scheduled hearing, you should secure copies of your payment records certified by the appropiate DCSE authorities as to their correctness, or if you were paying your wife directly, compile your own payment history for the relevant time period with copies of all checks paid to and endorsed by your wife for these arrearages.

If everything proves out in the payment record as

you contend, you should ask the court at this next hearing to vacate or set aside the finding of liability for civil contempt and that the matter be dismissed.

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Answered on 3/19/04, 11:35 pm


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