Questions Answered by James H. Wilson Jr.
Q: My support order includes 75% of medical bills. I am getting billed $500 plus a month- it's a struggle. Modification?
Child support orders in Virginia can be modified upon a threshold showing of a material change in financial circumstances. A child support order will normally include responsibility for a parent's income share of medical bills not covered by health insurance. It is not clear from your question why insurance does not cover such a large amount of out of pocket medical costs, and whether significant medical expense was known when child support was last determined. When child support is...
Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?
Under Virginia Code Section 8.01-453, the clerk of the court may enter a satisfaction upon presentation of a certificate or at the direction of the creditor's attorney. Under Virginia Code Section 8.01-455, a judgment debtor can move the court to mark a judgment as satisfied if it has been paid or discharged and the costs can be allocated to the judgment creditor who failed to direct the satisfaction of the judgment.
As my esteemed colleague Mr. Weed notes, bankruptcy may discharge the...
Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...
Q: Can a life estate be granted to income through a premarital agreement?
Virginia has a premarital agreement act in Chapter 8 of Title 20 of the Code of Virginia. Under Virginia's premarital agreement act the fiances may address almost any legal issue arising from the marriage, including estate planning as follows:
Virginia Code § 20-150. "Content of agreement.
Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and...
Q: I want my marriage to end. My husband is mentally and physically abusive. He will not leave. He had stolen items he gave
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive possession of the marital residence, spousal support, and the payment of attorney's fees and costs to carry on the case. After a year of separation, the spouse may ask for a divorce from the bond of...
Q: If I own my car outright, can it be taken in a bankruptcy?
Virginia is an opt-out state, which means you are given the Virginia state law exemptions and various federal exemptions, unless you do not otherwise qualify for Virginia exemptions under the bankruptcy code.
Under Virginia poor debtor's exemptions, a resident may claim up to $6,000 in value in a personal use motor vehicle, and up to $10,000 in a motor vehicle necessary for use in the course of the debtor's trade or occupation, in addition to any value claimed under the Homestead...
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