Legal Question in Family Law in Virginia
What to expect at my ex's contempt hearing
I wrote before asking if I would have to go when DCSE filed show cause for contempt against my ex, and you said yes. He has now not paid anything in 8 months. Well, they did file, and I do have to go. I'd liked to know what to expect. Will I have to go back multiple times? Will DCSE have another support review? We just had one last fall, but I had to increase my hours since I was not receiving support. Will my ex be ordered to pay the arrears in full within a short time? What happens if he doesn't show?
Thank you.
1 Answer from Attorneys
Re: What to expect at my ex's contempt hearing
The Division usually reviews support each time you begin a new case if there is a Motion to Modify filed. Sometimes they just file a Show Cause for Contempt of Court when someone does not pay.
Sometimes you do go multiple times. Judges want to review men in arrears every few months under the threat of incarceration. If there is an arrearage the judge will order an extra monthly payment that would just go towards the arrearage. Depends on the amount behind - if he has a job that can be garnished the judge will do a wage assignment so it comes right out of his paycheck. If not the judge will probably give him a number of months to pay the arrearage off.
When someone is issued and served with a subpoena to appear in court and then they do not, a capias is issued to arrest them for contenpt of court for failing to appear, for which they can get a jail sentence.
Good luck.
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