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Questions Answered by Michael Christopher Miller
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...
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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...
Read more »

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.

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