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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

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

Posted

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+cod+20-107.1; the child support statutes are set forth at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-107.2 and http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-108.2, and http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-108.1

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.

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Asker

Posted

So a woman can leave a man and give him no notice of this and then want spousal support? She had lost her job and i paid a great deal of the bills to include the Mort. She moved out of the house into another home and then filed. I found documentation of her putting in for a loan with another Mort company. Desertion is not a factor in this situation? She moved and everything was put on me to take care of.

Asker

Posted

From the date she filed i was not allowed nor was i able to contact her or my children. So how is it that i am hit with over $5,000 in back child and spousal support when i was not the one who 1. Broke up the home and 2. Would not communicate. I am just asking.

Jennifer E Mandell

Jennifer E Mandell

Posted

If she did not have a job or other income, then it is likely that the court would award her at least temporary support for herself and the children. As far as temporary orders are concerned, the court does not delve into the facts of the case (such as whether the spouse from whom support is being sought has grounds for divorce against the spouse seeking support). However, yes, you could have filed a cross-complaint for divorce (and raised in your answer) that your spouse had committed the marital fault ground of abandonment and put on evidence of that fact (as well as positive monetary contributions that you made to marriage, etc.) at the final hearing on divorce, E.D., and support. It should be noted, however, that there are defenses to abandonment, such as where the other spouse has created an intolerable living environment (see below). The only reason that I can think of that would explain why a judge would enter a No Contact order that applied to both your spouse and the children would be if the judge found credible evidence of domestic violence, sexual abuse, or a reasonable apprehension of bodily harm to spouse and children. If the judge made this type of finding, then it would also explain why the judge would not have found that your spouse was guilty of marital fault by living the marriage without your knowledge or consent and gave her custody of the children without providing you with at least reasonable visitation. If no evidence of this nature was presented to the court at any stage of the proceedings, then I have no answer to your questions and would agree that it sounds like an unreasonable outcome of the case. So, if the case is not yet over, then I would strongly urge you to hire your own attorney to defend your cause immediately (call 1-800-552-7977 for a consultation with an attorney that handles divorce cases in your geographic area -- as I do NOT). If the case has already concluded and it has been less than 30 days since entry of the final order by the trial court, then you may want to consider filing an appeal to the Court of Appeals of Virginia. I would strongly recommend that you hire an attorney to handle any appeal, as well -- the Court of Appeals is a stickler for proper format and briefing and if a brief by a pro se party is not correct, they won't even bother to hear your case.

Asker

Posted

I thank you for the information... I forgot to add that yes she did make me look like i was a danger to her by talking one of my twin boys into saying i hit him in which after the investigation it was unfounded and i have the documentation now in which during the case it was not finish and also MY LAWYER AT THE TIME FORGOT ALL THE EMAILS THAT I SAVED TO SHOW THAT I ASKED OVER AND OVER AGAIN TO SEE MY KIDS IN WHICH SHE SAID WAS A THREAT. SO I HAVE TO GET BACK INTO COURT AND SHOW THE DOCUMENTATION.

Posted

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 only. For specific information regarding your case, call my office at 757-533-5400 to schedule a consultation.

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Posted

So a woman can leave a man and give him no notice of this and then want spousal support? She had lost her job and i paid a great deal of the bills to include the Mort. She moved out of the house into another home and then filed. I found documentation of her putting in for a loan with another Mort company. Desertion is not a factor in this situation? She moved and everything was put on me to take care of.

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