Legal Question in Family Law in Virginia
My husband is disabled and owes child support. He pays his monthly amount and pays 75% of his back-pay. His baby's mother got pictures of my cars that were purchased before the marriage and took them to court. The judge then ordered for me to sell my belongings and pay $5000 or he has to do 90 days. The court date was 10/18/2010 and our lawyer proved that the cars were my assets but he was still put in jail. What should i do?
2 Answers from Attorneys
As you are not legally responsible for the support of your husband's child,
you cannot be held personally responsible for the support of this child, issuing out of, apparently, another relationship.
Howvever, if the judge found that somehow your husband had contributed to the
value of your vehicles during the course of the marriage, thereby, perhaps, converting them into marital property, such may have been the legal rationale for ordering them sold (conditionally) with your husband's share of the sale proceeds to be credited towards back child support.
Your attorney should be able to further explain to you the legal justification
as to why your vehicles were ordered sold (if s/he has not already done so).
Of course, if the judge's decision appears to be erroneous, it should be appealed
without fail which, presumably, your attorney has also already advised you of.
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