Legal Question in Family Law in Virginia
wage garnisment
I am filing for wage garnishment against my ex for nonpayment of alimony. I have gotten several forms from the Circuit Court of Frederick Co. ,Va. When I file the Garnishment Summons do I also need to enter a certified copy of the divorce decree as evidence of the debt owed to me?Do I need to file a Proof of service and a notice of motion of judgement as well? Lastly may I file a petition for proceeding in civil case without payment of fees or costs? I am BROKE! Thank you very much for any help you may be able to provide.
1 Answer from Attorneys
Re: wage garnisment
No, not a certified copy of the divorce decree but rather a copy of the judgment which the circuit court has entered in your favor based upon the spousal support arrearages which you allege that he owes.
This should be the evidence of debt that you will likely need in order to go forward with the garnishment rather than merely a copy of the divorce decree which in reality is not evidence of this debt(but merely of the obligation) which you now seek to enforce through garnishment.
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