Legal Question in Family Law in Virginia

motion to rehear/child support

my husband was sentenced to 12 months or 5,ooo cash for child support. He owed a total of 27,000 . His ex closed the dcse case and now has filed a motion to rehear the case. His balance owed is .00. She petioned the court for a motion to rehear. She lives 100 miles away and is unable to attend the hearing. Does she have to be there in order for the judge to rehear the case. We all the paperwork showing that he balance has been paid. Will we need a notarized letter saying that she cant be there. what is the protocol . she wants him out of jail too.


Asked on 4/12/08, 4:25 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: motion to rehear/child support

If the obligee(person who is owed the support)and petitioner fails to attend her own hearing, the matter will probably be dismissed.

However, if she writes the court a letter explaining her absence and includes a statement that no arrearages are owed with corroboration from the DCSE, that may be sufficient to get your husband released from the hoosegow.

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Answered on 4/14/08, 10:19 pm


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