Dismissal of Show Cause and Child Support

[aya100]

What is the name of your state (only U.S. law)? VA
Hello,
My x-wife took me to court for "show cause" for why I stopped paying her child support payments. For me it's a long story and it invoves foreign courts and international legals. But for the purpose of my question here, I went to the court for the show cause and the judege agreed and dismissed her show cause case against me. Now, since she still have a divorce decree and judgement from child support, she went to the child support enforcement agency and they are now going to start garnishing wages to pay the support!. She is also appealing the judge dceision and that court is set after three months. Does the dismissal of the show cause invalidates the old judgement of child support? The common sense to me says that since a judge agrees that of my cause of not paying her, it means that she is not entitled anymore to that support. I appreciate all the help.

 

[ProSeDadinMD]

Dismissal of the "show cause" motion doesnot invalidate previous Child support orders.

/thread...

 

[LdiJ]

What is the name of your state (only U.S. law)? VA
Hello,
My x-wife took me to court for "show cause" for why I stopped paying her child support payments. For me it's a long story and it invoves foreign courts and international legals. But for the purpose of my question here, I went to the court for the show cause and the judege agreed and dismissed her show cause case against me. Now, since she still have a divorce decree and judgement from child support, she went to the child support enforcement agency and they are now going to start garnishing wages to pay the support!. She is also appealing the judge dceision and that court is set after three months. Does the dismissal of the show cause invalidates the old judgement of child support? The common sense to me says that since a judge agrees that of my cause of not paying her, it means that she is not entitled anymore to that support. I appreciate all the help.

Dismissing a "show cause" simply means that you were not found in contempt for your non-payment. It does not vacate the previous child support order.

The judge would have had to both dismiss the show cause AND vacate the order for child support in order to do that. In order for the judge to vacate the child support order you would have had to file a petition asking for the child support order to be vacated.

 

[aya100]

Thanks for the replies. When a child support comes out as a result of divorce decree, if the judge vacates the support, then what happens to the divorce decree? Will the vacating of CS be like an ammendement to the decree?

 

[LdiJ]

Thanks for the replies. When a child support comes out as a result of divorce decree, if the judge vacates the support, then what happens to the divorce decree? Will the vacating of CS be like an ammendement to the decree?

Not really. Both child support and child custody are fluid and modifiable, therefore they can change under certain conditions. Therefore a change in either would have no effect on a divorce decree.

 

[aya100]

My lawyer is going to attempt in court to void the divorce decree all together since x-wife defrauded the court by her coming to the U.S and saying that she will not seek any divorce-related proceedings in the foreign court, but she did after the fact of obtaining a U.S order. In your opinion or from your experience, how does the court in the U.S looks at those types of situations. Thanks.

 

[mistoffolees]

My lawyer is going to attempt in court to void the divorce decree all together since x-wife defrauded the court by her coming to the U.S and saying that she will not seek any divorce-related proceedings in the foreign court, but she did after the fact of obtaining a U.S order. In your opinion or from your experience, how does the court in the U.S looks at those types of situations. Thanks.

Judges don't like being lied to. Beyond that, it's impossible to say what will happen.