Legal Question in Family Law in Virginia
My husband's exgirlfriend continually files show cause summons for child support for their 12 year old son. The last time she filed was for the arrearage. They came to an agreement and she dropped the case. For a while she only wanted to be paid in cash. My husband decided that he would pay her a percentage of his paycheck directly to her bank account. Now here we are again with another show cause summons for failure to pay "support as ordered." His support is $225 per month, $2700 per year, that is paid out in a 52 week average of $52.
She lives in Burgess, VA and her father is on the City Council and the judge's son plays ball with her son. Based on this alone would it be possible to request a change in venue to our home county of Henrico? Also, what steps should be taken to prevent her from continuing to file these orders when he is making an effort to pay her? Would it be more beneficial to have the courts place an order so that we have solid proof to the courts that she is getting her monthly support?
My husband already has custody of one of his other children and his mother is in prison. So what will happen to my stepson if this judge attemps to put my husband in jail as a "deadbeat" dad? I am just at my wits end with this and don't know how to help my husband. Any advice is appreciated.
1 Answer from Attorneys
The facts which you've recited would not be sufficient to justify a change
in venue in my view.
I would also suggest that your husband seek the advice of local counsel
who handles family law matters in that area to evaluate the case to determine whether the actions undertaken by the plaintiff amount to the frivolous and
therefore should be subject to sanctions by the court.
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