Legal Question in Family Law in Virginia

Hello Sir or Madame-

I have an eight year old child that I have joint legal and sole physical custody of. His father has visitation. He is very involved in our child's life, but has never paid any (court ordered) child support since our divorce in 2004. He is responsible for paying the child's daycare, per a verbal agreement between the two of us. Lately, I have been getting word from the daycare that he is not paying on time, and is consistently behind in the payments. I asked for and received documentation of this. He is also not helping with medical bills for recent surgeries that my child has undergone, nor is he paying for any medications prescribed to the child monthly. He gives me nothing for the child's clothing or regular expenses. This has reached a critical point, and in order to make sure that my child does not get removed from the day care I need to take over that payment as well. Now I am considering going to court for an official court agreement. Can I do this after so many years of no agreement? Also, I have been receiving threats from my ex-husband (the father) about how he will "make my life a living hell" if I take him into court. He has a domestic assault (against me, not the child) record from 2003. I am wondering if there is anything I can do about these threats. They are via text message.

Thank you in advance for your advice.


Asked on 1/27/10, 11:26 am

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

File for child support against this apparent slacker in your local J&DR;Court and ask to fill out the papers required for a CPO(Civil Protection Order) against him at the same time.

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Answered on 2/01/10, 1:57 pm
sheryl shane sheryl shane, attorney at law

Custody, visitation, and support are all different matters before the court. They are in a sense independent of one another. It would be a good idea to file a petition and go through the court to get your support regulated. On the other hand, support can be decreased through the court too. You should check with an attorney regarding the threats if you are interested in obtaining a protective order. You may bring criminal charges in some instances.

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Answered on 2/02/10, 6:28 am


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