Virginia Petition to Enforce Duty to Pay Spousal Support when Respondent is in Another State
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How to fill out Petition To Enforce Duty To Pay Spousal Support When Respondent Is In Another State?
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FAQ
Reservation of Spousal Support Under the Virginia Code § 20-107.1, there is a rebuttable presumption that the reservation is for one half of the length of marriage. Reservation of spousal support does not guarantee that spousal support will actually be awarded in the future.
The formula stated in § 16.1-278. is: (a) 30% of the gross income of the payor less 50% of the gross income of the payee in cases with no minor children and (b) 28% of the gross income of the payor less 58% of the gross income of the payee in cases where the parties have minor children in common.
Subject to § 8.01-286.1, service of a process on a nonresident person outside the Commonwealth may be made by: (i) any person authorized to serve process in the jurisdiction where the party to be served is located; or (ii) any person 18 years of age or older who is not a party or otherwise interested in the subject ...
Do I need to register my out-of-state custody and child support order in Virginia? If you obtained a custody and child support order in a divorce or other child custody action in another state and moved to Virginia, your orders can be enforced in Virginia.
§ 20-108.1. Determination of child or spousal support. B. In any proceeding on the issue of determining child support under this title, Title 16.1, or Title 63.2, the court shall consider all evidence presented relevant to any issues joined in that proceeding.
How do I enforce a support order? If you are worried that your spouse will not pay a support order, or if your spouse is refusing to pay a valid support order, Virginia law allows for an income deduction order to be entered by the court.
Alimony (spousal support) in Virginia is on an indefinite basis. Indefinite alimony can be raised or lowered over time if there is a change of circumstances. Effective July 1, 1997, cohabitation with a member of the opposite sex is now a factor which may justify termination of spousal support.
(Va. Code Ann. § 20-79.1.) Failure to comply with a court order is a serious offense and can result in the court ordering you to pay fines or court costs, seizing your tax returns, or sentencing you to jail.