Legal Question in Family Law in Virginia
Question-expenses
I was divorced Dec 2006-MSA agreement states that when I get my children that we pay half on travel expenses.
In the confusion of my divorce and when I moved and had my support case transfered to VA I went into arrears about $700 which was because of he terminology of the divorce papers-my child care expenses cannot be enforced by VA DCSE. So I have been paying the child care expenses directly to her and a little bit more for the arrears. I owe $400 left of the $700.
She is stating that she will not pay half because of the travel expenses because I am in arrears and it is ridiculous to even think she should have to pay for me to see my children.
Can she just not pay her half of travel expenses because of things like that or is she bound by that agreement just like I am??????
With how much airfare is I am not able to pay for all of it myself so I loose out on seeing my children. That is not fair.
1 Answer from Attorneys
Re: Question-expenses
Your former spouse is bound by the terms of your PSA(Property Settlement Agreement) as you are bound and can be cited for contempt if she fails to adhere to the requirements which apply to her. But you may have to summon her back into court if she persists in this mode of behaviour of refusing to pay her share of travel expenses which should not be contingent on you're having all of your arrearages necessarily caught up (although you should bring your account current as quickly as possible.)
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