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Questions Answered by Michael Christopher Miller
1 Answer | Asked in Child Support for Virginia on
Q: Can a judge require me to pay child support while my child is in college

Child turns 18 in may and graduates high school in June

Michael Christopher Miller
Michael Christopher Miller answered on Jan 6, 2020

Not in Virginia. Child support ends in Virginia at age 18, unless the child is in high school. Then, it goes to age 19 or graduation, which first occurs.

Child support can also extend if the child has a disability, or the parents agree to extend child support.

You would still have...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: What steps do I need to take to change my daughter’s last name to my husbands?

Child’s father lives in another state. Has two other kids he flaunts and takes care of but does not do anything for our daughter even when we were living in the same city. His name is not on her birth certificate. Husband has been taking care of my daughter for almost her whole life.

Michael Christopher Miller
Michael Christopher Miller answered on Dec 18, 2019

Va. Code § 8.01-217. How name of person may be changed.

A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such...
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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Title 26 IRS code Pub. 525 states my veterans disability shall be excluded as income.Why are the courts not honoring it?

They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?

Michael Christopher Miller
Michael Christopher Miller answered on Dec 12, 2019

Va. Code § 20-108.2. Guideline for determination of child support

* * *

C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance...
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1 Answer | Asked in Child Support for Virginia on
Q: Can a judge increase my child support if I filed to decrease the amount?

The child is no longer In daycare

Michael Christopher Miller
Michael Christopher Miller answered on Dec 6, 2019

One files to modify child support, not to only increase or decrease.

Upon showing a material change of circumstances since the last order, the judge then determines the guideline amount of support under Va. Code 20-108.2. That amount is presumed correct regardless whether it is an increase...
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1 Answer | Asked in Child Custody for Virginia on
Q: If a custody order was only notarized do I still have custody
Michael Christopher Miller
Michael Christopher Miller answered on Dec 5, 2019

An order would only need to be signed by a judge, and they are not typically notarized.

Agreements between parents are usually notarized, though they need not be as long as it is a signed writing, and enforceable as provided in the agreement.

1 Answer | Asked in Child Support for Virginia on
Q: I filed for a motion to amend support (down). When is it effective? When I filed or when we got our subpoena for court

I am not clear when the clock started. From what period am I eligible for a possible retroactive credit?

Michael Christopher Miller
Michael Christopher Miller answered on Dec 2, 2019

Va. Code § 20-112. Notice when proceedings reopened.

When the proceedings are reopened to increase, decrease or terminate maintenance and support for a spouse or for a child, or to request additional orders to effectuate previous orders entered pursuant to § 20-107.3, the petitioning...
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1 Answer | Asked in Family Law for Virginia on
Q: In va can I sign over my parental rights
Michael Christopher Miller
Michael Christopher Miller answered on Dec 2, 2019

You can relinquish your custodial rights, physical and legal. You cannot sign over the obligation of support.

1 Answer | Asked in Child Support for Virginia on
Q: My stepdaughter will turn 18 on 2/2020. Husband divorce decree specifically states the child support will cease at 18

Or whenever she graduates - whichever occurs first. She will be 18 in February but does not graduate until June 2020. Is this actually correct? We have be receiving conflicting information. The way the decree reads the child support and alimony would end when she turns 18 or graduates, whichever... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Nov 8, 2019

Va. Code § 20-124.2. Court-ordered custody and visitation arrangements.

. . .

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...
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1 Answer | Asked in Child Support for Virginia on
Q: Can interest on child support arrearages be forgiven?

Currently, the interest alone is $15,000, the arrearage amount is $18,000 and is being paid down monthly. Also, I am disabled and wheelchair bound, unable to work do to my injuries and collecting SSD benefits.

Michael Christopher Miller
Michael Christopher Miller answered on Nov 1, 2019

Your support order should have the disclosures required by Va. Code 20-60.3.

There should be a paragraph that says something along the following: "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can father get emergency custody?

Can father get emergency custody after mother has had child for 13years and been to court twice and remains custodial parent

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

The court views "emergency" as a life or death situation, not someone not wanting to wait their turn.

File a petition to modify custody, and file an emergency motion. The court clerk and/or judge will review them to see if an emergency exists. If so, the court will docket a hearing to...
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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Virginia on
Q: How do you change venue?

Custody juvenile court?

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

Are you changing venue as in moving from one county in Va. to another county? Or, are you changing to a new state?

If moving county to county, then Va. Code § 16.1-243(B) applies. "2. Custody and visitation: In custody and visitation cases, if venue lies in one of several cities or...
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1 Answer | Asked in Family Law for Virginia on
Q: My wife and I are from NC. She is the bio parent of our son, bio fathers rights were terminated. can we apply in va?

My wife does not pay any bills and has not gotten a new license. Therefore has no proof of residence tho we’ve been here for over a year(just never got around to dmv). So would we be able to apply for a name change for our son who is 3? Or would we need to do it in NC?

Michael Christopher Miller
Michael Christopher Miller answered on Oct 29, 2019

Va. Code § 8.01-217. How name of person may be changed.

A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such...
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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Hello, I conceived in SA Texas. I live in Virginia now. Never married.

I conceived in Texas (San Antonio) I lived there for 6 months and bought a home. When the father found out I was pregnant he abandoned/ left me and my baby. I moved to Virginia with my parents. I want to file child support in Texas but the father is fighting this. Texas child support stated I could... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Oct 29, 2019

Wherever you file for child support, the case will be heard in a court where the payor resides.

You can file in Va., but Va. DCSE will transfer the case to Texas. Or, you can file directly in Texas.

If the father is subject to Texas jurisdiction, there is nothing to fight....
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1 Answer | Asked in Child Support for Virginia on
Q: What happens to back-support owed after the child turns 18:

My daughter's father currently owes $25,000 in back-support for our 16-year old daughter.

Is he required to continue paying on that amount after she turns 18?

Michael Christopher Miller
Michael Christopher Miller answered on Sep 25, 2019

§ 20-60.3. Contents of support orders.

. . .

16. A statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount...
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1 Answer | Asked in Child Custody for Virginia on
Q: What should I do if mother of my child is keeping from me and won’t give me her current address

What should I do if mother of my child is keeping from me and won’t give me her current address I can’t file for custody or do any other paperwork without her address I’m scared she is gonna move far she is already keeping my child from seeing me

Michael Christopher Miller
Michael Christopher Miller answered on Sep 16, 2019

Every custody order in Virginia has a change of address provision.

Va. Code § 20-124.5. Notification of relocation.

In any proceeding involving custody or visitation, the court shall include as a condition of any custody or visitation order a requirement that thirty days' advance...
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1 Answer | Asked in Family Law for Virginia on
Q: How can I be permitted to visit with my 11 year old nephew, if the parents do not allow me to?

They are not legally separated, but live in separate dwellings.

Michael Christopher Miller
Michael Christopher Miller answered on Sep 3, 2019

Va. Code § 20-124.2. Court-ordered custody and visitation arrangements.

. . .

B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there...
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1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: I filed divorce from my husband. My lawyer is telling me to decide on a dollar amount for child support

We have 2 children age 5 and age 11. How do I come up with this figure? Is there a guideline for the state of Virginia? What if I pick a number too high and he won’t sign? How do I know what is fair?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 26, 2019

One does not decide on a dollar figure.

Va. Code 20-108.1 and 20-108.2 lay out in detail how child support is calculated. Both statutes state that the guideline amount determined by the formula must first be calculated by the judge, and is presumed to be the correct amount of child support.

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
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
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
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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