What happens when a paying spouse decides to relocate?

When a paying spouse decides to relocate from Virginia, the paying spouse is legally required to inform the court about the move and submit a new spousal support order. The court will review the request and decide if the relocation is justified and if the paying spouse should be granted a modification to the current spousal support order. Under Virginia law, if the relocation is justifiable, such as for a new job or to be closer to family, the court may grant a new order that adjusts the paying spouse’s obligation. This means the paying spouse may pay a reduced amount of spousal support or may be exempt from paying anything at all. The court may also order an alternate type of spousal support, such as a lump sum payment, or direct payments from the paying spouse to the receiving spouse. If the relocation is unjustifiable, such as to avoid spousal support obligations, the court may deny the request. In these cases, the paying spouse is still obligated to pay a determined amount of spousal support or may face penalties for failure to comply with spousal support laws. In addition, the paying spouse may be subject to other sanctions, such as the suspension of their driver’s license, if they fail to meet their spousal support obligations. In Virginia, it is important for paying spouses to remember their legal responsibility to support their former spouse even if they decide to relocate. When the paying spouse does decide to relocate, they should inform the court, and the court will determine the best course of action for the paying spouse to fulfill their obligation.

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