Legal Question in Family Law in Virginia
My divorce decree states my ex is supposed to pay off the marital debt. However he is not doing so; causing it to where I can not buy a house for my children and myself. Can I ask the courts to garnish his checks to pay off this debt. I live in Va. Thank you
Asked on 11/19/12, 8:09 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, you cannot secure your right(s) in this regard under the divorce decree in the
manner suggested.
Either you or the lawyer who (hopefully) represented you in the divorce will
need to file what's called a Rule to Show Cause against your former
spouse to have him summoned back into court to answer for his noncompliance
with the decree and if found in contempt, possibly sanctioned, appropriately.
Answered on 11/19/12, 8:18 am