Consequences for Not Paying Spousal Support in Virginia

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    Spousal Support in Virginia

    • Spousal support, or alimony, is a monetary payment that is paid from one spouse or ex-spouse to another. According to Maddox Law Firm, P.C., in Virginia, "Spousal support can be determined by the parties through a settlement agreement, or a judge can determine the amount of spousal support to be paid, if any, if a case goes to trial." Spousal support is usually made for a set period of time, although it is possible for it to continue for an indefinite period, only to end, typically, upon the death of either party or the remarriage of the ex-spouse receiving support.

    Lawsuit

    • If a spouse or ex-spouse responsible for paying spousal support does not do so, the other party may sue him in court. If found guilty, the defendant will have to pay back spousal support and possibly damages, penalties and additional court costs. If the defendant still does not pay, then he would be in contempt of court and be sentenced to jail.

    Garnished Wages

    • In the case of a spouse or ex-spouse responsible for paying spousal support who does not do so, if that person is employed, Virginia law has a provision that directs the person's employer to garnish his wages in the amount that is owed for spousal support. The employer will be directed to deduct the amount of support from the employee's pay check and send it directly to the supported spouse or ex-spouse.

    Judgment Lien

    • Unpaid spousal support is a legal, unsecured debt. Because of this, the spouse or ex-spouse who is entitled to support may file a judgment claim against the other party, which could result in a lien being placed upon that party's assets. Once a lien is in force, the plaintiff would then have the right to sell the defendant's assets in order to settle his support debt.

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