Legal Question in Family Law in Virginia

Ex spouse, remarried, and now getting divorced. She sent letter requesting increased "child support" because she decided not to renew her real estate license and is taking classes to become a "family counselor" and she doesn't make any money. Issue with her choice of study: very unstable woman, diagnosed w/mental health issues requiring medication, which she refuses to take; she has attempted suicide; she has been abusive to the children... yes, social services was called; she is very manipulative, pathological liar, and the children are too afraid to tell the police anything other that what she says... court ruled in custody case there was not enough evidence to warrant transfer of custody, even though she admitted her actions, and there were photos of brusing on child from abuse.

Can she simply choose to sit at home and force father to increase child support to fund her decision? Shouldn't she be seeking spousal support from husband #2? Can the court force her to find a job? Would there be any advantage of trying to seek custody again?


Asked on 3/31/10, 9:30 am

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

The court cannot (and will not) "force her" to do anything. The court can, however, rule in the matter in such a way that this obligor could be putting herself in jeopardy of being found in contempt of court (with the possibility of sanctions imposed) if she continues to fail to comply with the court's most current order (for whatever reason).

And, no, unless something further has happened in the case that would constitute a material change in its circumstances since the last order regarding

custody, there would be little point in renewing a claim for custody that has

already been denied to the petitioner (in my opinion).

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Answered on 4/05/10, 9:57 am


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