Legal Question in Family Law in Virginia
My ex and I have joint legal custody however our child resides with my ex. Hence, I pay child support. I have always paid more than half but have never been able to pay the full amount. I am in arrears by $20,000. I am now married and stay at home with my new baby. I still pay the same amount each month. I am trying to make things right and pay the arrears but $10,000 is all that I can come up with.My ex has threatened me with jail in the past but has never taken me to court or contacted Child Support Enforcement. If my ex did, however, take me to court for this will I be thrown in jail right away? What is most likely to happen? This would take place in Fairfax county btw. Thank you
1 Answer from Attorneys
No, I don't see you being "thrown in jail right away". The Fairfax County J&DR;(or Circuit) Court judge would likely refrain from such action (in my opinion) as long as you continue to pay the current support due as well as an amount on the arrearages that is reasonably consistent with your current financial condition.
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