Augusta County Alimony Contempt Lawyer — How to Enforce Your Spousal Support Order
If your former spouse is not paying court-ordered spousal support, you can file a contempt action in Augusta County Circuit Court. An alimony contempt lawyer Augusta County from Law Offices Of SRIS, P.C. can help you enforce the order and seek remedies like wage garnishment or even jail time for willful non-payment.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly
When a court orders one spouse to pay alimony (spousal support) and they fail to do so, the receiving spouse has legal recourse. In Virginia, unpaid alimony is enforced through a contempt of court proceeding under Va. Code § 20-107.3 and the court’s inherent power to enforce its own orders. This is not a simple collection matter; it requires proving to the court that the payor has the ability to pay but has willfully refused. An experienced alimony contempt lawyer Augusta County is essential to handle this process effectively in the Augusta County Circuit Court.
Mr. Sris, the firm’s founder, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative insight into family law matters, including spousal support enforcement.
Virginia Law on Alimony Contempt
Contempt for unpaid alimony is governed by Virginia law. The payee must file a Rule to Show Cause in the same court that issued the original support order, typically the Augusta County Circuit Court. The court will then schedule a hearing where the payor must “show cause” why they should not be held in contempt. To succeed, you must prove the order was valid, the payor had knowledge of it, and they had the ability to comply but willfully failed to do so. Remedies can include a judgment for arrears, wage garnishment, seizure of assets, attorney’s fees, and, in cases of persistent and willful violation, incarceration.
- Gather all documentation of the original court order and every missed payment.
- File a Petition for Rule to Show Cause for Contempt with the Augusta County Circuit Court Clerk.
- Serve the filed petition and a court summons on the non-paying spouse.
- Attend the contempt hearing with your alimony contempt lawyer Augusta County to present evidence of willful non-payment.
- Argue for the enforcement remedies you seek, such as a judgment, wage garnishment, or other sanctions.
Potential Outcomes in a Contempt Proceeding
In Augusta County, a finding of contempt for unpaid alimony can result in a money judgment for all arrears, wage garnishment, and payment of your attorney’s fees.
| Remedy | Description | Legal Basis |
|---|---|---|
| Judgment for Arrears | A court order stating the exact amount past due, which becomes a lien. | Va. Code § 20-107.3 |
| Income Withholding (Wage Garnishment) | Direct payment from the payor’s employer to the court or payee. | Va. Code § 20-79.3 |
| Attorney’s Fees & Costs | The court can order the non-compliant party to pay the other side’s legal fees. | Court’s Discretion |
| Incarceration | Jail time for willful and persistent refusal to pay, used as a last resort. | Court’s Contempt Power |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Augusta County Family Law Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. For a spousal support violation lawyer Augusta County, our understanding of both the legislative intent behind support laws and the practical procedures of the Augusta County courts is critical. Mr. Sris’s unique background in accounting and information systems provides an advantage in tracing income and assets to prove ability to pay in contempt cases.
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
Case Results in Augusta County
Our firm has a documented record of achieving favorable outcomes for clients in Augusta County. In family law and other practice areas, we have secured 13 case results locally with a 100% favorable outcome rate. These results include enforcing support orders and defending against improper contempt allegations. Results may vary. Prior results do not guarantee a similar outcome.
- Result: Successfully enforced a spousal support order for a client, obtaining a judgment for over $25,000 in arrears and securing an income withholding order for future payments.
- Result: Defended a client wrongly accused of contempt, demonstrating a bona fide change in financial circumstances, skilled the court to modify the support obligation instead.
Contact Our Augusta County Alimony Contempt Lawyers
Our Shenandoah/Woodstock location serves clients at the Augusta County courts in Staunton. We represent individuals in Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. If you need a contempt for unpaid alimony lawyer Augusta County, we are here to help.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Alimony Contempt in Augusta County, VA
What happens if my ex-spouse doesn’t pay court-ordered alimony in Augusta County?
You can file a contempt action. An alimony contempt lawyer Augusta County can help you petition the court to enforce the order, potentially resulting in wage garnishment, a judgment for back pay, and payment of your legal fees.
Can someone go to jail for not paying alimony in Virginia?
Yes, but only for civil contempt if the court finds the non-payment was willful. Jail is typically a last resort to compel payment after other remedies like wage garnishment fail. The court must find the payor has the ability to pay but refuses.
How long does a contempt hearing take in Augusta County Circuit Court?
It depends on the complexity. A simple hearing with clear evidence of non-payment may take 30-60 minutes. If the payor disputes their ability to pay, requiring financial discovery and testimony, the hearing can extend over multiple sessions, taking weeks or months to resolve fully.
What evidence do I need for a spousal support contempt case?
You need the original court order, proof the other party received it, and a detailed record of every missed payment (dates, amounts). Bank statements, canceled checks (or lack thereof), and any communication about non-payment are also crucial evidence for your spousal support violation lawyer Augusta County to present.
Can I get my attorney’s fees paid in a contempt case?
Yes, often. Virginia courts frequently award attorney’s fees to the prevailing party in contempt proceedings, especially when one party has forced the other to return to court to enforce a clear order. The judge has discretion in awarding fees.
Related Legal Help in Augusta County
If you are dealing with alimony contempt, you may also need assistance with: Virginia Family Law Lawyer, Shenandoah County Family Lawyer, or Augusta County Criminal Defense Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.