Legal Question in Family Law in Virginia
@full custody
what do i need to present to court to show a foundation of neglect? my wife and i are legally married but are seperated. she has physical custody of our son. my wife is on heroin, doesnt have a job a soon, no place to live. what legal right do i have to withhold childsupport if all she will do with the money is by more heroin?
1 Answer from Attorneys
Re: @full custody
You have no such "legal right" to withhold court-ordered child support---for any reason. Only a court of proper jurisidction is empowered to make such a decision.
As for showing a foundation for neglect on the part of the mother, some of the things which you've mentioned could possibly contribute to such a showing, if you could prove them in open court by a preponderance of the evidence.
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