Legal Question in Family Law in Virginia

Restructured Support and Maintenance Pay

My ex-husband has given me a restructured pay schedule that just started this month, which resulted in my receiving $268 less per pay period on his new bi-weekly pay schedule versus his old twice monthly pay period. My Divorce Settlement strictly outlines the two amounts that are to be paid for child support and alimony two times a month. He argues that I will be compensated in the two months of the year that allow three checks. As a homemaker I do not have the financial means to even pay my mortgage this month. In the three months (oct.,nov.,&dec.) I will have already been slighted over $1500. Short of paying for an attorney (which I have no money for much less my mortgage at this point) how can I reason my way with him to adhere to the original outline in the divorce settlement??? He is very manipulative with me and tends to work better with factual statements rather than my emotionally charged ones:} Please Help!!


Asked on 10/26/05, 3:04 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Restructured Support and Maintenance Pay

You do in fact get the same amount of money at the end of the year if not in the increments that the court ordered. Payments are usually taken by wage assignment so receivers are forced to accept the payments in the increments dictated by the pay schedule. I do not follow how you will be out any money but I do understand that you need certain amounts more regularly to make your own obligations. If you are determined to have them come out exactly as ordered and if he does not do so then you must file a Show Cause asking the Court to hold him in contempt of Court for failing to obey the Court Order. Depending on your jurisdiction, the local rules will dictate exactly how you are to do that.

Good luck

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Answered on 10/26/05, 7:33 pm


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