Divorce Separation Agreement Enforcement

Summary

The user is going through a divorce and has a signed separation agreement with her ex. The ex is not adhering to the terms of the agreement, specifically the child and alimony support. The user was advised to file a motion for contempt in court to enforce the agreement. The ex has requested a motion of continuance in the divorce proceedings. The user was informed that both parties are required to share all documents filed with the court. The user was also informed that she can still file a response after 21 days, but its at the courts discretion to accept it. The user was advised to consult with a local attorney. The user does not necessarily need an attorney to file a subpoena duces tecum in Virginia, but its often recommended due to the complex nature of the process.

Full Conversation

If we have a signed separation agreement for divorce, do both parties need to obey by the separation agreement while the divorce is being finalized
Yes, both parties must adhere to the terms of the separation agreement until the divorce is finalized. Violating the agreement can lead to legal consequences.
So if one person in the party is not adhering to the separation agreement what can i do since the divorce isn't finalized yet
What specific terms of the separation agreement is the other party not adhering to?
The child and alimony support
What actions have you taken so far to address this issue?

In Virginia, if a party violates a separation agreement, you can file a motion for contempt in court.
Nothing yet
You should consider filing a motion for contempt in court. The Virginia court system can enforce the terms of your separation agreement.
So the courts can enforce the separation agreement even if the divorce is not finalized yet
Yes, Virginia courts can enforce a separation agreement even if the divorce is not finalized. You can contact the Virginia Beach Circuit Court at (*) *-* for more information.
If my ex and i were in agreement through a no fault divorce and now he is getting the courts involved and asked for a motion of continuance will the judge grant it
What is the reason your ex has given for requesting a motion of continuance?

In general, judges in Virginia may grant a continuance if they believe it's necessary for justice.
I believe it has to do with the child and alimony support he has agreed too
What specific terms of the child and alimony support agreement is he contesting?

General Information:
- In Virginia, child and alimony support agreements are legally binding.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
I believe the amount
What is the amount of child and alimony support he agreed to initially?

General Information:
- In Virginia, changes to support amounts require court approval.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
* a week
What is your ex's reason for contesting the agreed upon amount of $* a week for child and alimony support?

General Information:
- In Virginia, ability to pay is a factor in determining support amounts.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
He didn't want our kids to move out of our home and ive been a sahm and he knew i couldn't afford living in our home but he wanted to pay that amount so our lives wouldn't get interrupted
What is your current living situation? Are you still living in the marital home with your children?

General Information:
- In Virginia, the court considers the best interest of the child when determining custody and support.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
Yes we are still living in the home
What is your ex's current financial situation? Is he still able to afford the agreed upon support amount?
I dont know his financial situation
Has there been a significant change in his employment or income that you're aware of?
Im pretty sure he makes more money now then ever since he owes his own business
What type of business does he own?
Carpentry
What is the nature of his carpentry business? Is it a sole proprietorship or a partnership?
Not sure
Do you have any documentation or evidence of his increased income?
No just word of mouth from him on what the cost of the job he has done
Do you have a lawyer representing you in this matter? It's important to have legal representation when dealing with changes in support agreements.
No
Do you plan on hiring a lawyer to represent you in this matter?
Most likely
What is your financial situation? Are you able to afford a lawyer?
I cant afford one but i know i will need one
What steps have you taken to seek legal aid or pro bono services?

General Information:
- Virginia Legal Aid Society provides free legal services to low-income individuals.
- Contact: (*) *-*.
I have spoken with someone from legal aid but was told they couldn't help me in my case do to staffing
What is the nature of your case that Legal Aid couldn't assist with due to staffing?

General Information:
- Virginia State Bar offers a Lawyer Referral Service: (*) *-*.
The separation agreement not be followed by my ex
What specific terms of the separation agreement is your ex not following?

General Information:
- In Virginia, violation of a separation agreement can be considered contempt of court.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
The child and alimony support
What steps have you taken to enforce the child and alimony support terms of the separation agreement?
Nothing
What is preventing you from taking action to enforce the child and alimony support terms of the separation agreement?
I keep getting told * different things on what i can do
What are the two different things you've been told you can do regarding the enforcement of the child and alimony support terms of the separation agreement?
* i was told i cant do anything until the judge signs off on the divorce to make it a court order and second i was told i could enforce the agreement before the divorce is finalized
What is the current status of your divorce proceedings?
Not sure
What is the last communication you received from the court regarding your divorce proceedings?
On the 5th he filed a motion of continuance to the summons
What is the reason given for the motion of continuance?
That he wants the hearing done after a certain date but we dont have a hearing date
What is the specific date your ex wants the hearing to be after?
Clerk didn't have one
What is the reason your ex wants the hearing to be after a certain date?
She said he didn't say
What is the current status of your child and alimony support payments? Are they being made as per the agreement?
He has not been making the full payments since March
What is the amount he has been paying since March?
About a * a month
What is the agreed amount he should be paying per month according to the separation agreement?
* a month
What steps have you taken to address the discrepancy in the agreed and actual payment amounts?

General Information:
- In Virginia, non-payment of agreed support can be enforced by court.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
Nothing
What is the reason for not taking any action regarding the discrepancy in the agreed and actual payment amounts?
I keep getting told i cant do anything until the judge signs off
What is the source of this information that you can't do anything until the judge signs off?

General Information:
- In Virginia, you can file a motion for contempt if the other party is not adhering to the terms of the agreement.
A lawyer
What is the name of the lawyer who told you that you can't do anything until the judge signs off?
Carter Phillips
What is the nature of your relationship with Carter Phillips? Is he your lawyer or your ex's lawyer?
I had a free consultation and was told that from him
What is the current status of your consultation with Carter Phillips? Are you considering hiring him as your attorney?
No i dont
What is the reason you decided not to hire Carter Phillips as your attorney?
I still want to look
What are the key factors you're considering in your search for an attorney?
Getting to know all my rights
What specific rights are you looking to understand better in your situation?
Our separation agreement
What specific terms of the separation agreement are you seeking clarification on?
The child and alimony support that he agreed to pay and how can i enforce the back pay
What steps have you taken so far to enforce the back pay of child and alimony support?

General Information:
- In Virginia, you can file a petition for rule to show cause for non-payment of support.
- Fairfax County Circuit Court: * Chain Bridge Rd, Fairfax, VA *, Phone: (*) *-*.
If my ex filed his answers for divorce and asked for a motion of continuance is he responsible for giving me a copy of his response?
Yes, in Virginia, both parties are typically required to share all documents filed with the court. This is known as "service of process."
Can you still file a response for divorce even if it's passed the 21 days?
Yes, you can still file a response after 21 days, but it's at the court's discretion to accept it. It's best to consult with a local attorney.
Do i have to have an attorney to file a subpoena decus tecum
No, you don't necessarily need an attorney to file a subpoena duces tecum in Virginia. However, it's often recommended due to the complex nature of the process.