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My sister got divorced on January 07, 2000. Her husband had agreed to pay her spousal support but did not pay any money once the divorce decree was finalized. It is written in the divorce decree that he has to pay her spousal support of $750 per month for 5 years. He lives in Fairfax county and my sister has moved to New Jersey. The divorce was filed in Fairfax County VA. We intend moving a motion in the Circuit Court of Fairfax County VA for intervention through Friday Motion Day Praecipe / Notice. We need an attorney to represent her case.
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It sounds like your sister's ex-husband is clearly in violation of the court order to pay spousal support and could be held in contempt of court. Actually collecting the money could take time and could require a garnishment of his wages, among other things. You probably want to file a Rule To Show Cause requesting that he demonstrate why he should not be held in contempt of court. You are right that you probably want an attorney to assist with this.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Oct 02nd, 2011 at 11:21 PM