How bad does it look that the defendant pays a lawyer to represent him but not child support?

Asked about 1 year ago - Winchester, VA

My ex has fled to Panama over 2 years ago. He is in arrears with DCSE over 13,000. They have restricted his passport till he pays the amount owed. He is taking me to court next month. For violating phone visitation. However I have phone records for 3 years with only 8 calls, and he has not exercised his visitation since summer of 2010. He states he will not pay the amount as he says it is ransom and his child is kidnapped, instead he will pay a lawyer to represent him. In my eyes I think this would look very bad to the court to pay a lawyer but not child support. Is this correct?

Attorney answers (3)

  1. Anneshia Miller Grant

    Pro

    Contributor Level 18

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    Answered . No, not at all. He is entitled to have legal representation, just as you are. The court is permitted to take no inference whatsoever from the fact that he is or is not represented by an attorney. The court will make any rulings based on the law and nothing else; to do otherwise would be improper and unethical.

    Good luck.

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    Anneshia Miller Grant
    Garrett Law Group, PLC
    http://vabeachdivorceattorney.net
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    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Deborah Ann Johnson Wilson

    Contributor Level 12

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    Answered . This is a very common problem and I fully understand your frustration. However, failure to comply with the terms of a court order is a serious matter. If he is found in contempt of court, he faces incarceration. Given the seriousness of the issue, he is totally justitifed in seeking legal counsel to avoid possible jail time. Frankly, it would be foolish for him to forego legal representation in this matter. I recommend that you speak with an attorney, in order to gain a better understanding of the legal process. Call around in your area to see if you can obtain a free consultation. Best of luck~

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute... more
  3. Stephen Ross Cohen

    Contributor Level 20

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    Lawyer agrees

    Answered . Ask him how much he is living on, how big his house is, does he have a car? Why he can support himself, but not send a penny in child support? Let him explain that to a judge. Bet he can't

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los... more

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