I am involved in a divorce/custody/child support case that has been dragged out for over a year. The final divorce decree was filed on January 22, but there was not time during that hearing to finalize child support. Yesterday learned that the wife's lawyer filed a motion to withdraw as her counsel. The child support payments that the wife currently receives will likely be significantly reduced based on income information, and we feel that this is a stunt to try to further delay a change in the child support amount she is currently receiving. The Withdrawal of Counsel hearing is set for March 4; the hearing to determine child support is scheduled for March 12. Will the withdrawal of counsel cause the hearing to determine child support to be further delayed? Of note, the wife has failed to respond to two requests for documents showing proof of income as well - could she be found in contempt for ignoring the court order to produce the documents needed to determine child support?
If your wife's attorney has asked for a continuance in conjunction with his withdrawal of counsel, then you could object to his being released as her counsel on these grounds. He should not be allowed to withdraw, if it will prejudice your case. But if they do not request a continuance, it will not happen automatically and the hearing should go forward as scheduled. However, since child support orders are typically retroactive to the date of filing and any overpayments by you can be credited, there is really no actual harm to you in the delay.
As for the discovery, if she has failed to respond fully, you may need time to compel the responses, so a continuance could actually benefit you. If you have already moved to compel the responses and there is a court order for her to respond, as you imply, then she is in contempt of court, as you suggest, and you could proceed to move for discovery sanctions.
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. If you need further information or assistance, please feel free to contact my office for a consultation.
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