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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35332
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have been married for 13 years, separated for a year and

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I have been married for 13 years, separated for a year and a half. The judge orded lifetime spousal support to be paid to me. My husband has decided he doesn't want to work and he has stopped making payments to me. He lives with his mother and his girlfriend supports his decision. Since I am working and he's not, how can I get the court to enforce the support order and not turn it around and make me support him. We live in Virginia.

Good evening Ruth,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

There is no way that the court will order that you must now pay your ex support---simply because he has chosen to disobey the court order requiring him to pay you support and has chosen not to be gainfully employed.

The way to deal with his shenanigans is to file a Motion for Contempt with the court, and inform the court that he has deliberately stopped working and paying support in violation of the court ordered support. The court will order that he pay support, as well as the arrears that he presently owes, and the court can find him in contempt and even jail him for continued contempt in this regard.

Here is a link to a form you may use to seek the contempt citation:

http://www.vbgov.com/government/departments/courts/juvenile-domestic-relations-court/Documents/court-forms/dc635.pdf



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Doug

Customer: replied 3 years ago.

When the judge gave us the support order, my husband didn't have a job but was collecting unemployment and at the same time from what I was hearing from him, refusing job offers. He had been on unemployment for a year and a half, until 4 mos. ago when he worked for a month, made a couple

Good afternoon Ruth

Thanks for your additional information.

The fact that he was on unemployment when the support order was made does not excuse his refusal to work now, or to continue to pay you support.

You are still entitled to support and because he is not paying you, it is appropriate to file the motion with the court and state that you know he is refusing to look for work.

The court can, and presumably, still find him in breach of the court order.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk and 7 other Family Law Specialists are ready to help you

Thank you for your positive rating of my service, Ruth. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:
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Thanks again.

Doug

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