In Fairfax County, Virginia, willful failure to pay court-ordered spousal support can result in contempt of court under Va. Code § 20-107.1, carrying potential jail time and fines. Law Offices Of SRIS, P.C. has 1789+ documented case results firm-wide. An Alimony Contempt Lawyer Fairfax can help you enforce or defend against a contempt motion.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-107.1 (official Virginia General Assembly)
Under Virginia law, spousal support (alimony) is governed by Va. Code § 20-107.1. The court considers 13 statutory factors to determine the amount and duration of support. When a paying spouse willfully fails to comply with a support order, the receiving spouse can file a motion for contempt. A spousal support violation lawyer Fairfax can guide you through this process. The court has broad authority to enforce its orders, including through incarceration, wage garnishment, and property liens.
Alimony contempt specifically arises under Va. Code § 20-107.1 and the court’s inherent contempt power under Va. Code § 18.2-456. Unlike general family law matters, contempt proceedings require proof of willfulness — that the paying spouse had the ability to pay but chose not to. A contempt for unpaid alimony lawyer Fairfax understands this heightened burden of proof.
For the official statute governing spousal support in Virginia, see Va. Code § 20-107.1 (official Virginia General Assembly). For court procedures and forms related to contempt motions, visit the Fairfax County General District Court website.
In Fairfax County Circuit Court, a contempt motion for unpaid alimony requires filing a show cause petition. The court sets a hearing date, and the paying spouse must appear to explain the non-payment. If the court finds willful contempt, consequences can include jail time, fines, or a payment plan.
- File a show cause motion at the Fairfax County Circuit Court, 4110 Chain Bridge Road, Suite 210.
- Serve the motion on the paying spouse through sheriff or private process server.
- Attend the hearing with documentation of missed payments and the original support order.
- Present evidence of the paying spouse’s ability to pay and willful failure to do so.
- Request a remedy: wage garnishment, lump sum payment, or contempt sanctions.
- If the court finds contempt, it may order a payment plan, jail time, or both.
In Fairfax County, Virginia, contempt for unpaid alimony carries potential jail time of up to 12 months and fines up to $2,500 per violation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Civil Contempt | Civil | Up to 12 months | Up to $2,500 | None | Wage garnishment, property liens, payment plans |
| Criminal Contempt | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Criminal record, potential jail time |
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 with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep family law experience. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, the firm’s founder and managing attorney, also handles complex family law cases. He personally amended Va. Code § 20-107.3 and has over 25 years of experience across VA, MD, DC, NJ, and NY.
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location is near the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and Route 50.
Alimony contempt lawyer near Fairfax, Virginia.
Serving: Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, Falls Church area.
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Can I go to jail for not paying alimony in Fairfax County?
Yes. Willful failure to pay court-ordered spousal support can result in civil or criminal contempt, carrying up to 12 months in jail and fines up to $2,500.
How do I file a contempt motion for unpaid alimony in Fairfax County?
File a show cause motion at the Fairfax County Circuit Court, 4110 Chain Bridge Road. You must serve the motion on the paying spouse and attend a hearing with evidence of missed payments.
What is the difference between civil and criminal contempt for alimony?
Civil contempt is coercive — you can avoid jail by paying. Criminal contempt is punitive — it results in a criminal record and jail time regardless of payment.
How long does an alimony contempt case take in Fairfax County?
It depends. A show cause hearing is typically set within 21-60 days of filing. Contested cases with evidence disputes can take 3-6 months to resolve.
Can I modify my alimony order instead of facing contempt?
Yes. If your financial situation has changed, you can file a motion to modify spousal support under Va. Code § 20-107.1. This may prevent contempt proceedings.
For more information, see our Virginia Family Law Lawyer page. For nearby localities, visit our Fairfax City Family Law Lawyer page or Falls Church Family Law Lawyer page. For related practice areas, see our Fairfax Criminal Defense Lawyer page or Fairfax DUI Lawyer page.
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.