Legal Question in Family Law in Virginia

Served with a petition for child support on 1/15/10, deployed on 1/19/10. Court hearing scheduled for 4/17/10. Due to the timeframe, requested in writing continuance for hearing until return in July. Had wife contact court on 2/16/10. Was informed by court clerk have to wait until after the hearing to find out if judge continued hearing. However, because the petition mentioned possible contempt for failure to appear, I assume there exist the chance for a capias. Wife informed me clerk was not reassuring since she indicated that usually the judge would continue case, and not issue capias. In this situation, would it be best to hire an attorney to represent me in this matter since I am out of the country?


Asked on 2/17/10, 7:17 am

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

Yes. it could be a good idea for you to hire an attorney to represent you in the

case to ensure that all of your rights are properly protected and that the ; Virginia Child Support Guidelines are correctly applied to your case. However,

for the purpose of getting the continuance until your return from

your deployment, your formal written notice to the court that you are exercising

your rights under the Sevicemembers' Civil Relief Act(Formerly Soldiers/Sailors

Civil relief Act) should be all that is necessary for you to secure the continuance

which you've requested.

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Answered on 2/22/10, 12:53 pm


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