Legal Question in Family Law in Virginia

I left my wife in 2005 she went after me for child support. I moved and was in between jobs for the next couple of years. My wife was unemployed when the order was set and she also used my income from when I lived in VA as proof of income. I was order to pay 1800.00/month plus arrearages totaling 2100/month. I tried to get the support modified in 2006 but couldnt afford to travel to VA from FL and missed the hearing and a warrant was issued. I was never aware this warrant was in effect so in 1/2010 i tried to modify the support again and when I went to court they informed me my ex wife wasnt served and reset the court date to 3/2010. When I went to court in March this is when I was informed of the warrant and was arrested and then released and another court date is now set for 8/2010. I have been current on my support and arrears for over the last year and a half. I've have 2 children since 2006 and make no where near the amount I was making when my ex started coming after me plus she now has a good job with the DMV in VA and lives with her parents. She boosts on Facebook of her new hummer and designer handbags and I am left with 800.00 to live off of and support my current family.

My major concern is I hold a green card and do not have citizenship nor cant get because of the back support now totaling around $60,000.00. I am not sure what to expect when I go to court and cannot afford a lawyer with my support being paid. Any advice??


Asked on 7/11/10, 2:05 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, regarding the situation you've described, you cannot afford

not to have a lawyer, and, furthermore, one who fully understands the

child support system in the Commonwealth of Virginia (in my opinion).

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Answered on 7/11/10, 6:33 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

If you do not pay, you could be jailed. You could also be deported at some point in time.

You need to hire an attorney or do one hell of a job representing yourself, which I do not recommend. An attorney may be appointed for you if a show cause (for failure to appear and/or failure to pay) is issued against you. You will not obtain relief in this online forum.

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Answered on 7/12/10, 5:44 am


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