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


Asked on 4/13/07, 5:01 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 4/13/07, 10:11 pm


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