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Questions Answered by Michael Christopher Miller

1 Answer | Asked in Divorce for Virginia on

Q: Why would I have to sign documents for my wife to register our divorce in Virginia, we divorced in New York,

We have a son that we share custody of , we came to all the agreements in NY, I have him for 10 nights a month and pay child support, he is now starting kindergarten, i’m not expecting to take him out of school, just not sure why this needs to be signed or is it a Virginia state requirement?

Michael Christopher Miller answered on Aug 19, 2019

Court orders in one state can be registered for enforcement in another state pursuant to the "full faith and credit" clause. For example, the NY order can be registered in VA, and VA courts will give full faith and credit to the NY order and enforce it as if it was a VA order.

Registration...
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1 Answer | Asked in Child Support for Virginia on

Q: My son recently graduated and is 18. He plans on attending college. Is child support still required.

Michael Christopher Miller answered on Aug 1, 2019

"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 child support until such child reaches the age of 19 or graduates... Read more »

1 Answer | Asked in Divorce for Virginia on

Q: I am pregnant, due in January, & husband + I just separated at the end of June. Can I divorce before baby gets here?

The six month waiting period will end only a couple weeks before my due date. I was wondering if I could still manage to get the divorce in the sixth month waiting period before the baby gets here and if so, is there a way to speed the process up? There was abuse, I currently have a protective... Read more »

Michael Christopher Miller answered on Jul 25, 2019

You can get a divorce in Va. with a six month separation if there are no minor children AND you have a written agreement that resolves all issues before the court.

The agreement can be as simple as he keeps his stuff, you keep your stuff, and there is noting for the court to decide, but it...
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1 Answer | Asked in Appeals / Appellate Law and Child Support for Virginia on

Q: How long does a wife have to appeal a JDR court decision to reduce spousal support?

What is the VA statute/law for appeals from JDR to higher court?

Michael Christopher Miller answered on Jul 9, 2019

Va. Code § 16.1-296. Jurisdiction of appeals; procedure.

A. From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment,...
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1 Answer | Asked in Family Law for Virginia on

Q: How long do you have to respond to Va. code 20-146.26

This notice of request was left on my door, but I can not find a date that I need to respond anywhere.

Michael Christopher Miller answered on Jun 20, 2019

Either the order to be registered is the order in effect or it is not. There is no reason to delay disputing the order to be registered if it is not the order in effect.

1 Answer | Asked in Domestic Violence for Virginia on

Q: Do you have to testify against your spouse in a domestic abuse case where you were the victim?

Michael Christopher Miller answered on Jun 20, 2019

Rule 2:504 SPOUSAL TESTIMONY AND MARITAL COMMUNICATIONS PRIVILEGES (Rule 2:504(a) derived from Code § 8.01-398; and Rule 2:504(b) derived from Code § 19.2-271.2)

(a) Privileged Marital Communications in Civil Cases.

1. Husband and wife shall be competent witnesses to testify for...
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1 Answer | Asked in Adoption for Virginia on

Q: What forms do I need to file a step parent adoption in Virginia

Michael Christopher Miller answered on Jun 18, 2019

A petition and draft order will get you started.

See Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.

1 Answer | Asked in Child Custody and Child Support for Virginia on

Q: My child has graduated high school at the age of 17. Is child support still required when mother has sole custoduy?

Mother requested sole custody of our 17 year old daughter and I reluctantly agreed.

Michael Christopher Miller answered on Jun 3, 2019

Yes. Child support is payable until age 18 years.

"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 child...
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1 Answer | Asked in Child Custody and Child Support for Virginia on

Q: Question about Child support /Custody

My daughters father claims he keeps our daughter 75% of the time however I feel like he doesnt. He keeps her on his days off which is 2 days out of the week and every other weekend. When he gets vacation he get close to a month off and he will keep her but that's it. Here recently the past 6-7... Read more »

Michael Christopher Miller answered on May 20, 2019

Va. Code § 20-108.2(G)(3) "(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for... Read more »

1 Answer | Asked in Child Support for Virginia on

Q: I live in va my kids mother jus moved to north Carolina what do I need to do to get joint custody

Neither of us has sole custody of them

Michael Christopher Miller answered on May 17, 2019

Before the children reside outside of Virginia for six months, you need to file a custody petition.

After six months, you will be traveling to a NC court to determine custody and visitation.

2 Answers | Asked in Divorce for Virginia on

Q: I got married abroad. When I immigrated to the U.S. in 1994, my wife did not come. Lost touch, can I get a divorce?

Michael Christopher Miller answered on May 17, 2019

Yes. If you meet the residency requirements for Virginia (six months) and the requirements for divorce based upon one year separation, you can file for divorce.

If you cannot locate the other party, you can serve by publication.

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1 Answer | Asked in Appeals / Appellate Law and Divorce for Virginia on

Q: I am looking to appeal a final order of a divorce case in Virginia

Michael Christopher Miller answered on May 16, 2019

You need to make sure your objections were presented to the judge so the judge has an opportunity to correct what you may object to. Note that orders become final 21 days after entry.

You must notice your appeal with 30 days of entry of the final order.

1 Answer | Asked in Child Support and Divorce for Virginia on

Q: Can the length of child support payments be shortened until just 16 if my wife and I agree in a separation agreement?

Michael Christopher Miller answered on May 15, 2019

Can you and your wife make that agreement? Yes.

Will the court enforce the agreement if someone chooses to violate, e.g., your wife seeks child support past age 16? Probably not.

Parties cannot contract away the power of the courts to protect the welfare of children. Child support...
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1 Answer | Asked in Divorce for Virginia on

Q: Virginia divorce papers posted to the defendant. No response after 21 days. Does that mean you have to go to court?

Michael Christopher Miller answered on Apr 29, 2019

If served by posting, you still have to give notice, etc. and proceed.

Va. Code § 20-99 provides you can forego notice if served personally. "5. In cases where such suits have been commenced, the defendant has been served pursuant to the provisions of subdivision 1 of § 8.01-296, and the...
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1 Answer | Asked in Divorce for Virginia on

Q: Virginia 20-99. What does pleadings mean?

Michael Christopher Miller answered on Apr 22, 2019

The complaint for divorce. And, any answers or counterclaims thereafter.

1 Answer | Asked in Family Law and Divorce for Virginia on

Q: FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time?dead line to file?

Michael Christopher Miller answered on Apr 3, 2019

Yes, file all 3.

Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.

Notice of appeals from circuit court...
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1 Answer | Asked in Child Support for Virginia on

Q: In Virginia, can non custodial parent receive child support? Non custodial parent has 94 days/year with children.

Michael Christopher Miller answered on Apr 1, 2019

Yes, it is possible.

When both parents have more than 90 days of parenting time, one uses the shared custody child support formula. One takes the combined incomes of both parents and finds the guideline amount of support from the table in Va. Code 20-108.2. Then, because it is shared...
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1 Answer | Asked in Divorce for Virginia on

Q: If divorced from another state and now living in two different states, can a Virginia lawyer help with unpaid alimony?

My in-laws divorced from Kentucky. My father-in-law lives in California and my mother-in-law now lives with us in Virginia. My father-in-law reduced court ordered payments soon after the divorce and now doesn’t pay at all even though my mother-in-law brought him back to court before leaving... Read more »

Michael Christopher Miller answered on Mar 7, 2019

You need to go to the state where the payor resides to enforce the order.

Only Kentucky, the state that ordered spousal support, can modify the order.

1 Answer | Asked in Child Custody for Virginia on

Q: I pay child support for my daughter that’s 5 but I have not seen her in 5 years. What can I do?

Her mother kept her from me and I still try to pay my child support. She moved out of state and I don’t know what to do. I want to see my daughter and get to know her. I’ve called her mother phone but after she figure out it’s me calling she hang up and don’t answer again. She’s married... Read more »

Michael Christopher Miller answered on Feb 20, 2019

Child support is an entirely separate matter from custody/visitation. Neither is dependent on the other.

File a petition for custody/visitation in the local court where your daughter resides.

1 Answer | Asked in Child Support for Virginia on

Q: Do I still have to pay child support after my child graduates high school and will attend Community college part time?

My child is graduating high school in the June 2019 and will be attending community college in the fall. Will I still have to pay child support in VA?

Michael Christopher Miller answered on Feb 19, 2019

You don't continue to pay child support after age 18 unless the child is in high school, then you pay to age 19 or graduation.

You are obligated to continue to pay child support until any arrearages are fully paid.

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