Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael Christopher Miller
1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can My Father Still control what I do at 18 years of age?

I'm 18 years old and live in Virginia. I want to move in with my aunt but my Dad says I can't and that he can still control what I do and where I live, is this true? Can he really still control my life? Will I have to take him to court?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 5, 2021

If you are 18, you can live wherever you want.

1 Answer | Asked in Child Support for Virginia on
Q: My son’s mother has a child support order established in Brooklyn. She just moved to NC. I live in VA. How do we move it

I want the order moved to NC or VA. I also just lost my job and plan to put a stop order on the order until I find a new job. I always pay my child support, however I think my new job will be less money and would like a modification. Will they base the number on NY or will they base it on NC or VA

Michael Christopher Miller
Michael Christopher Miller answered on Jun 3, 2021

When a court issues a child support order, that court has exclusive continuing jurisdiction to modify that order so long as someone continues to live in the state.

Unlike custody that follows the child, the new jurisdiction to modify support cannot be determined until someone wants to...
Read more »

1 Answer | Asked in Child Support for Virginia on
Q: I live in Virginia. Can the interest be waived on child support in arrears by the custodial parent? My kids are over 18

When one of my sons turned 15 he lived with me and my other son lived with my ex. We went to court an agreed that she would take care of one son and I would the other. Current child support would end then. I would just have to pay what was in arrears. I believe that child support was still charging... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jun 2, 2021

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... Read more »

2 Answers | Asked in Family Law for Virginia on
Q: If my kids live in Virginia, can their father who lives in NC take them from me during a summer visit?

I moved from NC to VA almost 2 yrs ago with my kids. My ex and I are divorced b/c of his drug addiction and there is no custody agreement. He lives with his mom and they want to get the kids for the entire summer in NC. I'm afraid they might not return the kids to me here in Virginia. Can they... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 12, 2021

If there is no custody order, tell them "no."

If they don't like it, they can file a motion in the JDR court where you live.

View More Answers

1 Answer | Asked in Child Support for Virginia on
Q: I have a court date for child support from California but neither of us live there anymore, what happens next?

My ex filed for child support in the state of California but moved to a different state. I’m suppose to have a court hearing but I no longer reside in California either. I’m unsure of what I should do.

Michael Christopher Miller
Michael Christopher Miller answered on Mar 2, 2021

Move to dismiss the CA matter for lack of jurisdiction under UIFSA.

The other party, as the petitioning party, has to refile where you live as the responding party.

1 Answer | Asked in Child Support for Virginia on
Q: If someone hasn’t paid child support in over a year and is now trying to get unsupervised visits, would he have to pay
Michael Christopher Miller
Michael Christopher Miller answered on Feb 22, 2021

Visitation and child support are entirely separate matters. One is not conditioned on the other.

Visitation proceeds as ordered without regard to child support payments.

If you want the child support, file a motion to compel payments.

1 Answer | Asked in Divorce for Virginia on
Q: In Virginia, where should a waiver of notice be sent after it is signed?

My husband lives in NC. After he signs the waiver of notice in front of a Notary Public, does he mail it to the court clerk's office in Virginia where I filed?

Michael Christopher Miller
Michael Christopher Miller answered on Feb 8, 2021

The acceptance of service and/or waiver of notice gets filed with the court clerk.

He can do it. You can do it. It just needs to get into the case file.

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: Can a parent and their lawyer refuse to sign the court order if they don’t agree with the judgement

Kid’s mom and lawyer refuse to sign child support order, because it didn’t go her way.

Michael Christopher Miller
Michael Christopher Miller answered on Jan 20, 2021

They can refuse to sign. If that case, a hearing is docketed for entry of the order.

The order need only reflect what the judge ruled. Not what the parties wanted the judge to rule.

If the parties disagree with the ruling, they file an appeal to have the ruling reviewed.

View More Answers

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Can I legally claim child on 2021 taxes and what is required to do so? I live in VA.

Divorce decree states ex claims child on taxes. Joint custody but ex never sees child and child lives with me 100% of the time. Child support terminates when child turns 18 or graduates which will both occur in June 2021. Since child turns 18, lives with me, and I will support fully for 6 months... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jan 19, 2021

The tax deduction can either be a part of child support or a part of custody. The custody provisions in a court order expire when a child turns 18 years of age. The support provisions also end upon age 18 unless the child remains in high or has a disability. So, in your circumstance, arguably, the... Read more »

1 Answer | Asked in Divorce and Family Law for Virginia on
Q: I want to cancel a life insurance policy on my ex-wife. It is part of our divorce agreement.

we are divorced 20 years. In the final divorce agreement I am required to keep this policy. The afeement does not say for how long. My ex and I have terrible relationship. The policy keeps going up and up. I have a loan against it that may cause the policy to implode this year or next. I need... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jan 14, 2021

An agreement is a contract. A contract can be changed by the parties, not the court.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can ex plan activities on my visitation days?

Can ex plan activities on my scheduled visitation days? My 'Parenting Time' is every other weekend but we have an Activities section in our agreement. It states "The parties shall equally share any reasonable and necessary expenses for agreed upon extracurricular activities for the... Read more »

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

No. Your time is yours. See Eichelberger v. Eichelberger, 2 Va.App. 409, 345 S.E.2d 10 (Va. App., 1986).

The expenses are "agreed upon" expenses. Don't agree to expenses the require activities on your weekend if you don't want to do them.

1 Answer | Asked in Child Support for Virginia on
Q: Can my child continue to receive child support payments after 18 if he has had an IEP since PreK

He will be attending college in the fall but will continue living at home.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 30, 2020

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 Child Support for Virginia on
Q: Can I get a show cause issued in VA if order for child support is out of HI and ex husband lives in Ohio?

Our divorce was finalized in Hawaii, I and my kids moved to VA and my ex is now living in Ohio. He is ordered to pay a certain amount, and doesn't. Can I get a show cause hearing scheduled? I went to my clerks office and they said that they "don't know" because the decree is out of Hawaii.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 30, 2020

The short answer is "no." Va. does not have jurisdiction over the father.

Under the Uniform Interstate Family Support Act, UIFSA, you would register the HI order for enforcement in OH.

Then, file a rule in Ohio, which does have personal jurisdiction.

1 Answer | Asked in Child Support for Virginia on
Q: Is child support in Virginia automatically reduced by half when one of two children turns 18?

One of two children turned 18. Wife reduced child support payments to half without filing for a change.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 10, 2020

The short answer is "no." Child support increases at a decreasing rate. For example, one child may be $100, two children are $150, and three children are $175.

Also, it takes an order to change an order.

Use the occasion of the child turning 18 as a material change of...
Read more »

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 »

View More Answers

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.

View More Answers

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...
Read more »

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...
Read more »

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.

View More Answers

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,...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.