What type of actions are most common if your are in violation of a court order for spousal support?

First time; 5 months delinquent. What will the judge do?

Asked on July 19, 2010 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are is termed in "contempt" of the spousal support order as issued by the Judge.  In the most basic term you owe a debt.  But this is one of the only times that the judge can throw you in jail for failing to pay a debt.  The catch is, of course, that you can't pay the debt or the support owned unless you can work and you can not work if you are in jail.  They don't care. If you have not paid for lack of funds then what you should have done was to go back to court and ask for a temporary modification - or a permanent modification - due to a change in circumstances.  Get legal help now.  Good luck.


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