If your former spouse has stopped paying court-ordered spousal support in Fauquier County, you need an Alimony Contempt Lawyer Fauquier County to enforce the order. Law Offices Of SRIS, P.C. has 73 documented case results in Fauquier County. Contempt proceedings under Va. Code § 20-107.1 can lead to wage garnishment or jail time for non-payment.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.1 (official Virginia General Assembly)
Spousal support contempt in Virginia occurs when a party willfully fails to comply with a court order for alimony payments. Under Va. Code § 20-107.1, the court has authority to hold a non-paying spouse in contempt, which can result in fines, wage garnishment, or incarceration. A spousal support violation lawyer Fauquier County can help you file a show cause motion or defend against an allegation of non-compliance. The Fauquier County Circuit Court at 6 Court Street, Warrenton, VA 20186 handles all spousal support contempt matters. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep familiarity with Virginia family law.
For the full text of Virginia’s spousal support statute, visit Va. Code § 20-107.1 (official Virginia General Assembly). For court procedures and forms, visit the Fauquier County General District Court website.
Fauquier County Circuit Court requires a show cause motion to initiate contempt proceedings. The court typically sets a hearing within 30-45 days of filing. A contempt for unpaid alimony lawyer Fauquier County must prove willful non-payment by clear and convincing evidence.
- File a show cause motion at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
- Serve the motion on the non-paying spouse via sheriff or private process server.
- Attend the contempt hearing with evidence of missed payments and the original support order.
- The court determines whether non-payment was willful or due to inability to pay.
- If contempt is found, the court may order wage garnishment, lump sum payment, or jail time.
In Fauquier County, spousal support contempt carries potential jail time of up to 12 months and fines up to $2,500 for each violation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Willful non-payment of spousal support | Civil contempt | Up to 12 months | Up to $2,500 | None | Wage garnishment, lien on property, attorney fees |
| Criminal contempt (repeated violations) | Class 1 misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record, probation |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating unparalleled authority in Virginia family law. The firm maintains a 93%+ favorable outcome rate across all practice areas.
Samantha Rae Powers — VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. She handles VA family law matters alongside Mr. Sris.
Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location serves clients at Fauquier County courts (6 Court Street, Warrenton, VA 20186), accessible via I-66, Route 29, and Route 17.
Alimony contempt lawyer near Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
By appointment only.
Can I go to jail for not paying alimony in Fauquier County?
Yes. Willful non-payment of spousal support can result in up to 12 months in jail for civil contempt.
Yes. If the court finds your non-payment was willful, you face up to 12 months incarceration for civil contempt. Repeated violations may be charged as criminal contempt, a Class 1 misdemeanor carrying additional penalties. The court considers your ability to pay before imposing jail time.
How do I file a contempt motion for unpaid alimony in Fauquier County?
File a show cause motion at Fauquier County Circuit Court, 6 Court Street, Warrenton, VA 20186.
File a show cause motion at the Fauquier County Circuit Court, located at 6 Court Street, Warrenton, VA 20186. The filing fee is approximately $86. You must serve the motion on the non-paying spouse and attend a hearing where the court determines if contempt occurred.
What evidence do I need for an alimony contempt case in Fauquier County?
You need the original support order, bank records showing missed payments, and communication records.
You need the original spousal support order, bank statements or payment records showing missed payments, and any communication (emails, texts) regarding the non-payment. The court requires clear and convincing evidence of willful non-compliance.
How long does an alimony contempt case take in Fauquier County?
It depends. A contempt hearing is typically set within 30-45 days of filing the show cause motion.
It depends. The court typically schedules a contempt hearing within 30-45 days of filing the show cause motion. Complex cases with disputes over ability to pay may take longer. The court may issue temporary orders for wage garnishment while the case is pending.
Can a spousal support violation lawyer help if I cannot afford to pay alimony?
Yes. A lawyer can file a motion to modify support based on changed circumstances before contempt is filed.
Yes. A spousal support violation lawyer Fauquier County can file a motion to modify support based on a material change in circumstances, such as job loss or medical issues. This proactive step can prevent contempt proceedings and protect your rights.
What is the difference between civil and criminal contempt for unpaid alimony?
Civil contempt seeks to compel payment through jail or fines; criminal contempt punishes past violations with a criminal record.
Civil contempt is coercive — the court uses jail or fines to force payment. Criminal contempt is punitive — it punishes past willful violations and results in a criminal record. A contempt for unpaid alimony lawyer Fauquier County can explain which applies to your situation.
Can I get attorney fees paid in an alimony contempt case in Fauquier County?
Yes. The court may award reasonable attorney fees to the prevailing party in a contempt action.
Yes. Under Va. Code § 20-107.1, the court may award reasonable attorney fees to the party who prevails in a contempt action. This includes fees for both the motion to enforce and any defense against the contempt allegation.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.