Augusta County Alimony Contempt Lawyer — How Do You Enforce Unpaid Spousal Support?
If your former spouse has stopped paying court-ordered spousal support, you need an alimony contempt lawyer Augusta County. A contempt action under Va. Code § 20-112 is the legal tool to enforce your order. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly
When a court orders one spouse to pay spousal support (alimony) to the other, that order is legally binding. Failure to pay is a violation of a court order, not merely a private debt. In Virginia, the remedy for unpaid spousal support is a contempt of court proceeding. This process, governed by Va. Code § 20-112, allows the recipient to ask the court to compel payment and potentially impose penalties on the non-paying spouse. An experienced alimony contempt lawyer Augusta County is essential to handle this process effectively in the local court.
You have the right to receive the financial support the court determined was necessary. A spousal support violation lawyer Augusta County from our firm understands the urgency of these matters. We work to secure the payments you are owed, which may include pursuing arrears (past-due amounts) and ensuring future compliance.
- Gather Documentation: Collect your court order, bank statements showing lack of payment, and any communication about the missed support.
- File a Petition: Your attorney will file a “Rule to Show Cause” (also called a Motion for Contempt) with the Augusta County Circuit Court clerk, detailing the violations.
- Serve the Other Party: The court will issue the Rule, which must be formally served on your former spouse, requiring them to appear in court.
- Attend the Hearing: At the hearing, you must prove the order was valid, payments were missed, and the payor had the ability to pay.
- Seek Enforcement: If the court finds contempt, it can order immediate payment, wage garnishment, seizure of assets, or even jail time until compliance.
- Address Defenses: Be prepared to counter defenses like job loss or disability, which the payor may claim as an inability to pay.
In Augusta County, contempt for unpaid alimony can result in the court ordering immediate payment of all arrears, wage garnishment, a lien on property, or, in cases of willful refusal, incarceration until the payor complies with the order.
| Action | Legal Basis | Potential Court Orders | Purpose |
|---|---|---|---|
| Rule to Show Cause (Contempt) | Va. Code § 20-112 | Payment order, wage garnishment, lien, incarceration | Enforce existing order, collect arrears |
| Petition to Modify Support | Va. Code § 20-109 | Increase, decrease, or terminate future payments | Adjust order due to changed circumstances |
| Income Withholding Order | Va. Code § 20-79.3 | Direct payment from employer | Automate and secure future payments |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law enforcement matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating a deep involvement in the evolution of state family law. This foundational knowledge directly informs our strategic approach to contempt for unpaid alimony lawyer Augusta County cases, where understanding the nuances of support orders is critical.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Our firm has a documented record of achieving favorable outcomes for clients in the region. In Augusta County, we have 13 total documented case results across all practice areas with a 100% favorable outcome rate. Results may vary. Prior results do not guarantee a similar outcome. We apply this focused advocacy to enforcement actions, working to secure the financial stability our clients were awarded by the court.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only. 24/7 phone consultations.
Our Shenandoah/Woodstock location serves clients at the Augusta County courts in Staunton. As an alimony contempt lawyer Augusta County near I-81 and I-64, we are accessible for clients in Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. Meetings are by appointment, with 24/7 phone availability for urgent enforcement questions.
Augusta County Alimony Contempt FAQs
What happens if my ex-spouse doesn’t pay alimony in Virginia?
Yes, you can take legal action. The recipient can file a “Rule to Show Cause” for contempt in the Circuit Court that issued the order. If the court finds a willful violation, it can order immediate payment, wage garnishment, a lien on property, or jail time until compliance.
How long does a contempt hearing take in Augusta County?
It depends on the court’s docket and case complexity. After filing a Rule to Show Cause, a hearing is typically scheduled within a few weeks to a few months. The hearing itself may last from 30 minutes to several hours, depending on the defenses raised and evidence presented.
Can I get my ex-spouse’s wages garnished for unpaid alimony?
Yes. If the court finds contempt or even as a proactive measure, you can request an Income Withholding Order. This directs the payor’s employer to send support payments directly to the state disbursement unit, which then forwards them to you, ensuring consistent future payments.
What if my ex claims they lost their job and can’t pay?
Job loss is a common defense. The court examines whether the failure to pay was “willful.” If the payor made no effort to find new employment or modify the support order through the court first, the judge may still find contempt. They should have filed a petition to modify support based on the change.
How far back can I collect unpaid alimony (arrears)?
In Virginia, you can generally collect arrears that have accrued since the date the payment was due. There is no specific statutory limit, but practical limitations exist. The court considers the total amount owed and the payor’s ability to pay a lump sum or through a payment plan.
For more information on family law procedures, visit the Virginia Courts website. To discuss enforcement of your spousal support order with an alimony contempt lawyer Augusta County, contact Law Offices Of SRIS, P.C. We also assist with related matters like divorce in Shenandoah County and criminal defense in Augusta County. For a broader view of our services, see our Virginia family law hub page.