Legal Question in Family Law in Virginia

Ex husband is underemployed, lives off his new wife, keeps me in court and I can

I've been divorced for over two years now and my ex keeps me in court or in need of an atty. Ever since the children came to live with me, he has been up to something to get out of his child support. Sending checks certified restricted to constant requests for reductions based on my vacation time, or sick leave are some examples. After working and earning no less than 50000 and as much as 80000 annually for over five years, he was ''laid off''. He collected unemployment until it ran out then took a job earning 24000. My current husband (pays support for children from a previous marriage) and I have done all we can to keep the childrens standard of living. Cashed in stocks, dug into savings, taking second jobs while he owns a 300000 home and has all his savings in tact. He lives off his wifes high salary and pays an atty. Our case has never been remanded to J& D, I moved to another county, and can't afford to keep the childrens standard of living or hire an atty. What are my options? Legal aid won't take me on. Is it likely that I could get a change of venue to J&D in another county...and is likely that I could get income imputed to him?


Asked on 5/27/03, 3:21 pm

1 Answer from Attorneys
Wayne Comer Wayne E. Comer, Esquire

Re: Ex husband is underemployed, lives off his new wife, keeps me in court and I

Try Motion to the Circuit petitioning for an ORDER remanding case to J&DR Court. You must serve a Notice of Motion on the opposing party (father) which must be served a minimum of two weeks prior to the Friday hearin date. Kind of hard to do without a lawyer. SOMETIMES, a deputy clerk will assist with the routine part. J&DR Court personnel may assist you after the case gets there. And perhaps the Commonweath Atty Office might prosecute from that platform.

Wayne E. Comer, Vienna, VA. As to his income, if he is putting on an act, you might plead that his POTENTIAL income should be "attributed" to him.

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Answered on 5/27/03, 5:35 pm


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