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Questions Answered by Michael Christopher Miller
2 Answers | Asked in Divorce for Virginia on
Q: What is the best and affordable way to execute my divorce?

I wanted to file for Uncontested Divorce. I'm in the military based here in VA. Been living here since JAN2019. I'm married to my wife MAR2016. We are physically separated since DEC2018. My wife is living outside the country (Dubai,UAE). We don't have properties or debts even kids... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Aug 27, 2020

"If a member of the Armed Forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six months or more in the Commonwealth next preceding the filing of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide... Read more »

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2 Answers | Asked in Family Law and Child Custody for Virginia on
Q: I live in Virginia, have 5 yr old boy & I'm pregnant by same father. I'm not married, can I legally take my son to FL?

My significant other says he will call law enforcement and say I kidnapped my own son if I take him to Florida to visit with my family. We are not married, can I leagally take my son and unborn child to florida without his permission?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 20, 2020

You can go anywhere you want until a court order says otherwise.

So can he.

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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: How do I submit to have CS modify due to reduce of income? The divorce was in Hawaii. I am in VA. The kids are in CA.

I had a divorce finalized in Hawaii. After that, I move to Virginia while the kids moved to California with the mother. My income has been reduced. I would like to request a decrease in the payment

Michael Christopher Miller
Michael Christopher Miller answered on Jul 20, 2020

If Hawaii issued the child support order in effect, Hawaii is the only state that can modify child support so long as a parent or child continues to live in Hawaii.

If everyone leaves Hawaii, then the parent seeking to modify support has to modify support in the responding parent's...
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1 Answer | Asked in Divorce and Child Support for Virginia on
Q: My ex and I have 50/50 custody 9 years now. She's never enfotced the CS amount (250)but is now asking for 9 years worh.

Can she ask for this? We've made the same money roughly for 9 years and share every cost 50/50 between our 2 sons. She wants back pay now totaling 40k which I cannot pay.

Michael Christopher Miller
Michael Christopher Miller answered on Jul 16, 2020

The short answer is "yes." Each child support payment ordered by a court becomes a judgment as the payment becomes due and payable. It also carries a 6% judgment rate of interest.

Additionally, if ordered to pay via Depart. of Social Services, and you pay the other parent...
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3 Answers | Asked in Family Law, Juvenile Law and Landlord - Tenant for Virginia on
Q: Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends

Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life

Michael Christopher Miller
Michael Christopher Miller answered on Jun 29, 2020

It's call the law of "my house, my rules."

If you don't like it, move out.

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3 Answers | Asked in Family Law, Civil Rights, Juvenile Law and Landlord - Tenant for Virginia on
Q: Can a parent legally restrict an 18 year old that still lives under their roof from leaving the house.

Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends

Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life

Michael Christopher Miller
Michael Christopher Miller answered on Jun 25, 2020

Parents' house. Parents' rules.

If the 18 year old doesn't like it, there is a whole world out there they can live in outside the parents' house.

If the 18 year old thinks parents are toxic and controlling, wait until they deal with debt collectors, employers,...
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1 Answer | Asked in Child Support for Virginia on
Q: How can I get arrears cancelled because my child came to live with me?

The child came to live with me in 7th grade and her mother never closed the case and now I'm being charged arrears for a child that I cared for 100% of the time in Virginia. I'm being told only her mother can close the case and the court will not review nor amend the case. Is there... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jun 16, 2020

There is a series of cases, Riggins, Shoup, and Gallagher, that address changes in child support and the effect when a child changes locations.

1 Answer | Asked in Child Custody for Virginia on
Q: In Virginia if a noncustodial parent gets visitation can they take the child or children out of state

Can parent request to the courts that visitation is in state

Michael Christopher Miller
Michael Christopher Miller answered on Jun 15, 2020

Generally, a parent can exercise their parenting time as they wish, within reason and within the welfare of the child.

So, the parent can leave the state, etc. so long as they are back in time for the next visitation exchange.

That being said, there are agreements and court orders...
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1 Answer | Asked in Divorce for Virginia on
Q: How do I verify whether someone has started filing for divorce?

I have a friend showing interest in me but I know she is married. She said she has filed for divorce but not finalized yet. I said I am not going to involve with a married woman. She looks like a good person. Is it worth it verifying?

Michael Christopher Miller
Michael Christopher Miller answered on Jun 3, 2020

Ask her for the case number. Go to the circuit court. Ask to see the file.

2 Answers | Asked in Child Custody and Family Law for Virginia on
Q: What can i do? Can i go get my daughters will it bring in legal trouble?

I have full legal custody of my two daughters. I moved on to Texas and signed a six-month long power of attorney over to my sister who lives in Virginia Beach so my girls can finish school. My sister is now telling me I am not allowed to get my daughters that she is going to keep them. Shes... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 26, 2020

Then, revoke her power. Now she has no power of attorney.

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1 Answer | Asked in Divorce for Virginia on
Q: How long do you have to appeal uncontested divorce? Ex was seeing someone and ended up pregnant before finalization.

After our 6 months of separation, I believe that my ex got pregnant. I was unaware of this and our divorce was finalized by the judge in April. How long do I have to appeal or is it not possible since it has been 30 days since the final decree.

Michael Christopher Miller
Michael Christopher Miller answered on May 20, 2020

Orders are final after 21 days. Rule 1:1(a).

Appeals must be filed within 30 days. Rule 5A:6(a).

1 Answer | Asked in Child Support for Virginia on
Q: Do I have to call Virginia child support to stop payments once the child turns 18 and graduates high school?

Do the payments stop automatically? Will the garnishment stop automatically?

Michael Christopher Miller
Michael Christopher Miller answered on May 19, 2020

Ending child support means a lot more to you than it does Child Support Enforcement. An ounce of prevention is worth a pound of cure.

If you are subject to wage assignment/garnishment, the employer/garnishee minimizes their risk by continuing to take your money.

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: I have a question about jurisdiction/where to seek child support, in Virginia.

My divorce was finalized in the Circuit Court, and I later was awarded sole custody in a suit in JDR, but support was not addressed. Should I also seek child support in JDR? Is support automatically remanded to JDR after a divorce is final?

Michael Christopher Miller
Michael Christopher Miller answered on May 19, 2020

As my colleague said, you will need to read the order(s). Frequently, all matters go to JDR court. But it is possible, for example Child Support Enforcement, DCSE, becomes involves, that only support that is relevant to DCSE is transferred while custody stays in circuit court.

Nothing is...
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1 Answer | Asked in Child Support for Virginia on
Q: Do I have to pay more child support, if I am getting paid more but less than 25% of what I was making before, in VA?

Currently, paying child support for my two boys. The child support ordered is dated/signed by the Judge August 2019 and my divorced was just signed as well this past month of April 2020...In April 2020, last month, I also changed employers. I got a new job now which I make more annually, but less... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 18, 2020

You have to pay the last amount ordered. You continue paying the amount until a new order says otherwise.

If someone wants to change that amount, either reach an agreement with the other parent and submit an new order, or file a petition for the court to modify the amount based upon a...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: I'm 17 and plan on moving out on my 18th birthday. Can either of my parents stop me in VA?

I will be a senior in high school and a sophomore in community college when I turn 18. I have a place to stay, a job, a truck, and a way to work out financial aid for school and keep up with insurances.

Michael Christopher Miller
Michael Christopher Miller answered on May 18, 2020

At age 18, you are legally an adult. You get to make your decisions, and live with the consequences.

Good luck to you.

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: Planning divorce - working on separation agreement, how simple can it be? Can we just agree to make no claims?

If we can't just say something along the lines of: "everything is divided the way we want, we are and will remain happy with this agreement." would a judge just throw that out when it came time to file the divorce? For context, currently she is a student with no income and upon... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 15, 2020

Your agreement can be as simple as you wish it to be.

For example, we represent clients who are newly married, have no children or real estate interests, and maintained their employment and separate finances for the short duration of their marriage.

To qualify for a six month...
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2 Answers | Asked in Divorce and Family Law for Virginia on
Q: If we decide to sell the house as part of the separation agreement, do we need to wait for Divorce or can start now?

If we think the right thing to do is sell the house and divide the sale money, can we put up the house on sale after signing the separation agreement? However, if we decide to do one spouse buyout, does the price of buyout will be determined on the day of divorce?

Michael Christopher Miller
Michael Christopher Miller answered on May 14, 2020

If selling the house is provided in the agreement, then you have to follow the agreement/contract.

Parties may agree to vary their agreements, however a written modification is recommended.

If the buyout price is not agreed, or provided for in the agreement, and a judge has to...
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2 Answers | Asked in Child Support, Divorce and Family Law for Virginia on
Q: Is the non custodial parent responsible for continuing child support after high school?

Divorce agreement aligned with VA child support law, in which child support ends at 19 or completion of high school which ever comes first. Child graduates this May and the custodial parent is expecting continued child support through college. Can I end child support, and am I responsible to pay... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 13, 2020

If the court order states child support continues after age 18 until graduation or age 19, then child support ends at graduation or age 19.

You are only legally responsible for college if your settlement agreement provides for it.

Otherwise, college is the child's expense....
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1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Was there a separate child support calculation worksheet for sole custody vs. joint custody in Virginia in 2008?
Michael Christopher Miller
Michael Christopher Miller answered on May 8, 2020

The different worksheets would have been (i) sole/joint and (ii) shared. There could also be split where some children reside with one parent, and the rest with the other parent.

If both parents have custody more than 90 days, then the shared worksheet is used.

Otherwise, use the...
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1 Answer | Asked in Child Support for Virginia on
Q: We have a child support modification hearing in July 2020. Father complains this entire time that he shouldn't have to

Pay support. I have sole physically custody. He has been paying 216.00 but his income increased by 25% and our son's needs are greater since he is older. I filed a petition and he turned around and wrote an opposition saying I hold a nail technician license and could be making more money, but... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on May 5, 2020

The judge has to determine the guideline amount of child support per Va. Code 20-108.2. That is using incomes, daycare costs, health insurance, etc. as they presently are, i.e., the court initially takes you as they find you.

The guideline amount is presumed correct, by statute.

If...
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