Can my wife get spousal support if she moves out of the house while i am out of state and then be rewarded back child and spousa

Asked almost 2 years ago - Blackstone, VA

She moved out while i was out of the state. For a month i had no clue of her location because i work out of the area. She filed for a devorce and was rewarded back support. If i tried to contact her and communicate with my child but she refused can she still get back support if i did all i could do?

Attorney answers (2)

  1. Jennifer E Mandell

    Contributor Level 15

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    Answered . For starters, neither child support nor spousal support can be awarded retroactively, but only from the date of the filing of a petition for support (provided that due diligence was exercised to serve the respondent/defendant with said suit).

    Second, there is a difference between an award of temporary spousal support pending an action for divorce, a suit for separate maintenance, or a petition for spousal support filed in Juvenile & Domestic Relations court AND "alimony". Alimony is support that is awarded to a former spouse (ex-spouse) upon (or after) the granting of a divorce. This distinction is important because the amounts paid for temporary support can still be litigated and argued about as part of the divorce case (at the hearing stage for permanent support/alimony, child support, and/or equitable distribution to some extent). However, if this is alimony that was awarded at the conclusion of the divorce case, then you cannot re-visit whether this was fair, right, legal, etc. at this juncture. Al you can do in that case is file a motion to reconsider with the trial court IF the decision was less than 21 days ago or file a Notice of Appeal if it is within 30 calendar days of entry of the final order by the Circuit Court.

    As to the more substantive legal issues raised in your question (versus the initial procedural problems), the factors that the court looks at in determining an award of spousal support & maintenance/alimony are set forth at http://leg1.state.va.us/cgi-bin/legp504.exe?000... the child support statutes are set forth at http://leg1.state.va.us/cgi-bin/legp504.exe?000... and http://leg1.state.va.us/cgi-bin/legp504.exe?000..., and http://leg1.state.va.us/cgi-bin/legp504.exe?000...

    You need to schedule a consultation with an experienced family law attorney in your local area to review the specific details of your case, including where exactly in the process your case is and whether anything can be done to re-visit the spousal support award and/or the amount that was awarded for spousal and child support.

    This response does not create an attorney-client relationship and is intended for general information purposes only.
  2. Mary G. Commander

    Contributor Level 16

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    Answered . Spousal support is based on a number of factors. Whether your wife left the house or let you talk to the child are not among the factors.

    This response does not create an attorney-client relationship and is intended for general information purposes... more

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