[VA] Should a family member hire an attorney when a parent is arrested over years of unpaid child support?

Lexi, Chatbot

I understand that this is a challenging situation for you and your family. Have you or your mom already had any discussions with a lawyer regarding your dad's arrest?

Lexi, Chatbot

Is there any specific information about the child support case or your dad's circumstances that you think might be important for the family lawyer to know?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your dad's arrest.

Seth

Hi there, thank you for your question. I'm Seth, a lawyer here on our service, and I'm already reviewing the details of your question to find the best solution for you right away. I understand your dad has been arrested in Virginia after 20 years for past due child support, and you're considering whether you or your mom should get an attorney. Is that correct?

Seth

Could you tell me if there are any existing court orders related to the child support case? This will help in understanding the legal context.

Seth

Got it, thanks for sharing that. Do you know if your dad has any legal representation for the upcoming bail hearing on Monday?

Seth

Have you or your mom had any communication with the authorities or legal system regarding his case since his arrest?

Seth

Based on your situation, Virginia law strongly enforces child support obligations, and failure to pay can result in serious consequences such as arrest or imprisonment. At a bail hearing, the court will consider factors like flight risk, the nature of the offense, and community ties, issues that may weigh heavily if there is a history of evasion. Additionally, because you are in North Carolina and the case is in Virginia, interstate enforcement and modification issues may arise, and if there is evidence that anyone assisted in avoiding arrest, that could expose those individuals to potential additional legal consequences. Let me know if you have any questions or clarifications, and if not I'll move forward with guidance.

Seth

Consider hiring an attorney. Given the complexity of the case, consult a Virginia family law attorney for tailored advice, especially regarding past due support and evasion issues. Failure to pay court-ordered child support is treated as a criminal matter in Virginia under Va. Code § 20-61, which addresses desertion or nonsupport of a spouse or children in necessitous circumstances, which is part of why an attorney's involvement matters here.

Attend the bail hearing. If possible, attend the hearing to understand the court's position. Bail decisions in Virginia are governed by Va. Code § 19.2-120, which directs the court to weigh factors such as the nature and circumstances of the offense, the accused's history and characteristics, and community and family ties, so bail may be high or denied if there is a documented history of evasion.

Discuss potential legal action against his mother. If there is concern she assisted in evasion, speak with an attorney about whether legal action is viable. Worth knowing upfront: Virginia's accessory-after-the-fact statute, Va. Code § 18.2-19, specifically exempts a parent, grandparent, child, grandchild, sibling, or spouse who, after a felony, helps that relative avoid or escape prosecution or punishment, so this family exception could be a significant hurdle to any claim against her.

Gather evidence. Collect communications or financial records that may show assistance in evasion to support any claims.

Understand the legal implications. Recognize that legal action can be time-consuming and costly, and weigh the potential outcomes with your attorney.

Seth

I understand the urgency of your situation. It's possible to find an attorney by Monday, especially if you start reaching out to local family law attorneys in Virginia as soon as possible. Many law firms have emergency services or can expedite consultations for urgent cases like yours. Please let me know if you have any further questions.

Seth

While I can't provide specific recommendations, I suggest searching online for family law attorneys in Virginia Beach who specialize in child support cases. Look for firms with good reviews and experience in handling similar cases. You might also consider contacting the local bar association for referrals. Please let me know if you have any further questions.

Seth

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Just a friendly reminder, you have access to experts across various fields. Don't hesitate to reach out whenever you need assistance!