Legal Question in Family Law in Virginia
Incarcerated wrongly for child support Va. What to do.
I was incarcerated in Va for 12 months, after I came to court on a showcause summons, issued by my ex-wife and her lawyer. Which stated that I owed 8,000 in back child support. On that day I showed up in court with records to show that I had made payments and all effords to pay. I was working 2 jobs at 80+ hrs a week. I asked that the case be turned over to DCSE, where I already had 3 other cases in good standing back to 1995. to have the child support come out of my paycheck. The judge asked my ex-wife and her lawyer if they want that deal, they stated''no that there is a 65% cap on my monthly alotted income, and that is not the money they wanted or need'', at this, I was incarcerated. I lost both jobs, home, and my income, everything.
My Question is can I bring sue for bring jailed after I showed good reason for the judge to order payroll deduction, but he did not just to side with my ex-wife. My childern lost all support and healthcare during my incarceration.Even the one child with my ex-wife had in her care lost healthcare. The court would not give me credit for the healthcare I provided for my children. which cause some of my money issues
1 Answer from Attorneys
Re: Incarcerated wrongly for child support Va. What to do.
The answer to your Question is, of course, you could sue for being jailed
by the judge in a hearing on your summons for Show Cause.
But could you possibly prevail in your suit for unspecified damages? No, No, and No Way.