Legal Question in Family Law in Virginia
XHusband thinks he can change court order
I've a divorce decree which orders x$payments.My X says that he doesn't think I deserve such payments. He has been paying less that half for over three months and -ten+% for years. He says he can not check our decree, which was ordered six years ago & refuses to give me his address.We have two minor children, of which I have full&legal custody.
What can I do? How do I get the arrears?
1 Answer from Attorneys
Re: XHusband thinks he can change court order
He owes you every penny he has shorted you over the years; he can't make unilateral changes in a court order.
First you have to locate him, and that shouldn't be too difficult. He's been making some kind of payments for a number of years -- by check? If so, you could reopen the case and subpoena bank records. You also could try to track him down through his driver's license, or you could use a private detective as a expensive last resort.
Once you locate him, you ask the court which ordered the payments to order him to come before a judge and tell why he should not be held in contempt of court for not obeying the court's order; the penalties for contempt include incarceration.
You could also try going through the Division of Child Support Enforcement to get the arrearages, but that's a long and often frustrating course.