Non-Payment of Child Support In Virginia: Why You Probably Won’t Get Community Service If You Don’t Pay
On May 29, 2012, a California court found Dennis Rodman, best known for his basketball career and outlandish antics, guilty on four counts of contempt for not paying previously court-ordered spousal and child support. The judge ordered Rodman to 104 hours of community service and probation. Reading about such a light sentence for a flagrant violator of court-ordered support might discourage a parent from filing a court action, or may give false comfort to a parent who is failing to pay court-ordered support. Whichever side of the case you are on, you should realize that such a community service sentence is not a punishment to be expected in Virginia courts.
The state legislature and courts across Virginia are firm in the belief that child support is for the benefit of the child, and judges do not take kindly to parents violating, through nonpayment, child support orders.
In order to alert the court that a child support order is being violated, a Motion For Show Cause must be filed. A Motion For Show Cause requires the other party to appear and explain to the court why the party is not in contempt of the court order. A party found guilty of contempt of court could potentially face incarceration; therefore, the filing of a Motion For Show Cause should not be taken lightly by either party.
If you are a parent who is not receiving court-ordered child support, you should enlist the services of a skilled family lawyer to present the evidence of nonpayment in a clear and concise way. If you are a parent who has failed to provide support, it is imperative to retain a family law attorney to explain your specific circumstances and attempt to mitigate the situation. The child support lawyers at Livesay & Myers are experienced in representing parties on both sides in all issues related to child support and enforcement. Contact us to schedule a consultation today.