Questions Answered by Michael Christopher Miller

Q: When you say child support continues until arrearages are paid off, do you mean as they are set now?

1 Answer | Asked in Child Support for Virginia on
Answered on Feb 14, 2019
Michael Christopher Miller's answer
Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest."

The support cannot be changed, as stated above, they create a judgment by operation of law....

Q: In va if my child is over 18 and decides to go to college am I still required to pay child support?

1 Answer | Asked in Child Custody for Virginia on
Answered on Feb 14, 2019
Michael Christopher Miller's answer
Va. Code § 20-124.2, "C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving...

Q: Do you need to file anything with court once child graduates from high school for child support termination?

1 Answer | Asked in Child Support for Virginia on
Answered on Jan 14, 2019
Michael Christopher Miller's answer
Generally, no further filing is required. The terms of the order should clearly state the terminating events.

However, if one has multiple supported children, then one would want to file a modification action rather than just proportionally reduce support for the remaining minor children.

Likewise, one might want to obtain a terminating order if there is an income deduction order in play or one had a loan application pending that is conditioned upon the child support obligation.

Q: I live in Virginia my daughter lives in Florida. Can I file for custody in Virginia to get her with me

1 Answer | Asked in Child Custody for Virginia on
Answered on Jan 14, 2019
Michael Christopher Miller's answer
The location to file for custody is determined by the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA. See Va. Code § 20-146.12. Initial child custody jurisdiction.

The starting point is the child's "home state." "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means...

Q: Hi I have a custody order in Maryland but we moved to Virgina I want to file for sole custody and change visitation.

1 Answer | Asked in Child Custody for Virginia on
Answered on Jan 9, 2019
Michael Christopher Miller's answer
Virginia would only have jurisdiction if both parents and the child(ren) have moved from Maryland. Your move alone may not be enough. If you don't know where the other parent is, you can't be sure they moved from Maryland.

Assuming Va. has jurisdiction,

Va. Code § 20-146.26. Registration of child custody determination.

"A. A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous request for...

Q: My mother in law gave me a cashier check with the minor children name on it. I took the cashier check put it in a

1 Answer | Asked in Divorce for Virginia on
Answered on Jan 7, 2019
Michael Christopher Miller's answer
Va. Code 20-107.3 has your answers.

In a divorce, only marital property is divisible between the spouses. "2. Marital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision A 3, (ii) that part of any property classified as marital pursuant to subdivision A 3, or (iii) all other property acquired by each party during the marriage which is not separate property as defined above."...

Q: If I have a Florida child support case and currently live in Virginia where do I petition for an increase?

1 Answer | Asked in Child Support for Virginia on
Answered on Jan 2, 2019
Michael Christopher Miller's answer
Virginia and Florida have both adopted the Uniform Interstate Family Support Act, UIFSA.

A state that issues a support order has continuing, exclusive jurisdiction to modify that order so long as someone continues to live in the state, i.e., if anyone is in Florida, file to modify in Florida.

If everyone has moved from Florida, the person seeking to modify the order has to go to where the responding lives. So, if you are in Va. and the other party is not in Florida, you go to...

Q: What is the first step to modifying a current support order?

1 Answer | Asked in Child Support for Virginia on
Answered on Dec 14, 2018
Michael Christopher Miller's answer
Making sure one has a material change of circumstances that would warrant a modification.

Then, asking the other side if they would cooperate with modifying the order.

Q: My custody order States that my sons father has visitation from 2 PM Christmas day until 6 PM Jan.1

2 Answers | Asked in Child Custody for Virginia on
Answered on Nov 27, 2018
Michael Christopher Miller's answer
From what you provided, it appears the father starts his regular weekend visitation at 6 p.m. on Sunday. Normally, that would end on Wednesday.

However, during his weekend visitation, the Christmas visitation starts at 2 p.m. on Tuesday (Christmas) and continues to Jan. 1.

So, the father would have Dec. 23 to Jan. 1.

Q: How quickly can a lawyer domesticate a Florida Final Judgement and get a hearing on a Motion for contempt?

1 Answer | Asked in Family Law for Virginia on
Answered on Nov 20, 2018
Michael Christopher Miller's answer
Get a "triple sealed" copy of the FL order. File it with a form DC582 in your local Va. JDR court.

The court will send notice to the other party that they contest registration of the order if it is no longer in effect.

Once registered, Va. will give full faith and credit to the Fl. order. File you contempt action.

http://www.courts.state.va.us/forms/district/dc582.pdf

Q: Does alimony have an end date for a marriage of less than 15 years in Virginia?

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 31, 2018
Michael Christopher Miller's answer
The order that provides for spousal support will provide its terminating conditions.

Spousal support can end upon the death of either party, or the recipient's remarriage or cohabitation for a year.

If the court ordered support, then it can likely be modified upon showing a material change of circumstances. Whether retirement constitutes a material change, or can give rise to a modification, is a frequently contested issue.

If support was set by agreement, it is not...

Q: If I have a Divorce agreement that states

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 17, 2018
Michael Christopher Miller's answer
If you and your daughter can be on his policy, he provides insurance at his cost.

If you and your daughter can't be on his policy, but can subscribe to continuation, i.e., COBRA, coverage, he will sign the form, but you pay.

You pay for your and your daughter's care expenses not paid by insurance.

Q: Non-Custodial moved to NC and order is in GA. Which state handles 3 year modification calc?

1 Answer | Asked in Child Support for Virginia on
Answered on Aug 15, 2018
Michael Christopher Miller's answer
Once a state issues a custody order, it has sole and exclusive jurisdiction to modify that order so long as a parent or child continue to reside in the state.

When everyone moves from the state, and after 6 months, the jurisdiction to modify moves to where the child resides.

Q: My child graduated high school in June but turns 18 later this year. Am I obligated to pay support through 18 or grad?

1 Answer | Asked in Child Support for Virginia on
Answered on Jul 13, 2018
Michael Christopher Miller's answer
Child support goes until age 18.

However, if the child is still in high school on his or her 18th birthday, then support continues until age 19 or graduation, whichever first occurs.

Q: Child support - which state guidelines are followed when moving?

1 Answer | Asked in Child Support for Virginia on
Answered on Jul 2, 2018
Michael Christopher Miller's answer
A state can only modify the provisions of an order that the state that issued the order can modify. NY cannot modify child support for any age but 21, therefore VA will enforce child support until age 21.

There is no less duration of support option available to the payor.

VA could modify the amount until then as could NY.

Q: Who can I talk with about obtaining copies of Divorce Decrees from years ago so that I can file for Social Security?

3 Answers | Asked in Divorce for Virginia on
Answered on Jun 26, 2018
Michael Christopher Miller's answer
The clerk of court where the divorce was filed.

Q: Child support questions in Virginia?

1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Answered on Jun 20, 2018
Michael Christopher Miller's answer
Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement after child support ends is between the parent and child as they agree.

Q: Can you receive back child support if there was no court order ?

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Jun 13, 2018
Michael Christopher Miller's answer
Support may only be retroactively applied back to the date a petition for support was filed.

Q: what is the law for serving by publication out of state

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jun 12, 2018
Michael Christopher Miller's answer
Service by publication is the last resort for service when one cannot find the person to be served.

Provide the GAL your address so the GAL can serve you directly.

Also, file your address with the court(s) so no one can say they don't know where to serve you.

Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on
Answered on Jun 8, 2018
Michael Christopher Miller's answer
Title determines who gets the property. Individually title property must be awarded to the individual. Jointly titled property may be awarded to either title holder or sold.

Title alone does not determine whether there is marital equity in property that would be subject to division.

Property brought into the marriage is presumed to be separate property so long as it was maintained as separate property. The burden of proof would be on the non-titled spouse to prove there were...

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