Questions Answered by Michael Christopher Miller

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

1 Answer | Asked in Construction Law and Family Law for Virginia on
Answered on Apr 3, 2019
Michael Christopher Miller's answer
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 to the court of appeals must be filed within 30 days. This runs concurrent with the 21 day clock.

If the motion for reconsideration is resolved within 21 days, one could wait until the...

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

1 Answer | Asked in Child Support for Virginia on
Answered on Apr 1, 2019
Michael Christopher Miller's answer
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 custody, the base amount is multiplied by 1.4.

That, increased amount is then split between the parents in proportion to time. With 94 days, call it 25/75 for illustration purposes.

One...

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

1 Answer | Asked in Divorce for Virginia on
Answered on Mar 7, 2019
Michael Christopher Miller's answer
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.

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

1 Answer | Asked in Child Custody for Virginia on
Answered on Feb 20, 2019
Michael Christopher Miller's answer
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.

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

1 Answer | Asked in Child Support for Virginia on
Answered on Feb 19, 2019
Michael Christopher Miller's answer
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.

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.

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