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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118788
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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State of -Court of Competent Jurisdiction. I so not

Customer Question

State of Virginia-Court of Competent Jurisdiction. I so not inderstand why a man who has a 2 year PPO is ordered to pay child support on the first and he gets by with "I dont have the money" when he is a dentist. Floored, really.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: Yes. 2 year restraining order; ordered to pay child support. Divorce pending some final online docs. And why is he allowed to keep the child a day or two later than when he agreed to return him to his mother.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is he in violation of the PPO for failing to return the child on time and for being late or not paying child support.
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Also, the child is 3 years old, and he at every visit upsets him by bad mouthing his mother and telling him "Daddy says, Mommy and Mema are stupid. He says he hates you and Mommy"... that makes Elliott sad." Isnt that Iabusr or illegal? If it isnt, it should be.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is there a custody and visitation order that he is violating by keeping the child extra days? You mention a PPO and child support, but you do not mention the custody order and what it says about when he gets the child and when he has to return the child. Could you address that part please.
Customer: replied 9 months ago.
there is a custody, visitation, and child support order in place via PPO and a separation agreement. It is quote clear, yet he always changes, he wants him early, and now over Christmas he was generously given from noon on Christmas intil 6 pm Jan 1st. He never said anything about being late returning him, instead, waiting until she sat outside eith an escort due to the PPO and let her suffer with worry, and redused to give him back. He refused to let my daughter Facetime her child because he punished him because he was so sad and asked her if she was coming to get him "today" whoch was Thursday. So for 3 days she was tormented only not to even get to see him or talk to him to comfort hom, or him back on time, at which time he refused. Je then claimed he ws "going by the Winchester County school sustem calendar" who h he sprung on her in court when her lawyer and his put some crazy visit schedule of everu other week in the summer. She did not know what to do and her lawyer claimed he "just did not notice that" and could she agree to that. She took his advice and agreed. Normally? Had the circumstances of the PPO not happened, maybe things would be didferent. He threatened to kill is all, tried to that night and hung ties on the baby's nursery door. So when he is late she osnworried.6 pm Thirsday til 6 pm everu other week and on off weeks he gets hom 6 pm Thirsday til 11 am Friday morning. His lawyer threw that in, too.
Customer: replied 9 months ago.
now for child support he says "I dont have the money".
Customer: replied 9 months ago.
He is a wife abuser. He is cruel. He has her followed. Isnt a PPO supposed to protect you from that?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he is not complying with the custody and visitation order and also is not paying support, then your next step is you need to file a contempt of court motion (Motion for order to show cause for contempt) and present evidence of him violating the custody order as well as not paying support. Even if you have previously filed one, you need to file one every time he violates the custody and support agreement. The reason you need to keep filing them is that after several times of the judge having to see him in court for violating the court orders and fining him, the court will eventually send him to jail and remove all visitation from him. The court will not do this on the first or maybe even on the second contempt, the court will use progressively worse punishment until they put him in jail for his conduct. But you have to be consistent and file the motion for contempt every time he does this and for a contempt motion when you win the motion you can collect attorney's fees and costs as well as the monetary penalty.
Additionally, his professional license to practice can eventually be suspended for non-payment of support.
So you need to take action and keep bringing him back to court even if it frustrates you, to get the court to impose harsher and harsher sanctions on him for failure to abide by court orders.
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