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Questions Answered by Michael Christopher Miller
1 Answer | Asked in Child Support for Virginia on
Q: Can I include a step-child in the calculation, if my wife and I have sole custody and my wife is a full-time student?

I have a question about the recalculating child support in Virginia. I have an existing child support order from 2016 for a child with my ex-wife. For material change in circumstances, my ex-wife’s income has stayed relatively the same, but my salary has almost doubled. Since then, my ex-wife... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

The short answer is no for the stepchild, yes for the new bio child.

From Va. Code 20-108.2(C):

"Where there is an existing court or administrative order or written agreement relating to the child or children of a party to the proceeding, who are not the child or children who...
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1 Answer | Asked in Child Support for Virginia on
Q: In Virginia can you get interest lowered on back child support still being paid after child turned 18?Does it ever stop?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

"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... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: Am I entitled to any of my soon to be ex husbands inheritance from his fathers death?

We have been separated for 10 months. I haven’t filed yet.

Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

Likely not. Courts only divide marital property in a divorce. Gifts or inheritances from third parties during a marriage are presumed to be separate.

However, after receipt, the separate funds could become marital funds if not maintained separately.

1 Answer | Asked in Child Custody for Virginia on
Q: Can my girlfriend move down here with her unborn child if the father does not want anything too do with the child
Michael Christopher Miller
Michael Christopher Miller answered on Apr 27, 2020

Your girlfriend can move wherever she wants. The courts only have authority to decide where children live.

If the child is unborn, there is no custody order possible.

If custody does become an issue, then the UCCJEA will dictate that the court in the jurisdiction where the child has...
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1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: Should I file for divorce/child support in MD or VA? Which state is best for my child? I live in VA, he is in MD.

It’s almost been 1 year and I was ready to file in VA but I’m reading MD is better for child support. Is this correct?

Michael Christopher Miller
Michael Christopher Miller answered on Apr 24, 2020

Your choice of court is not determined by gained benefit but rather jurisdiction.

If you live in Va for six months, you can file for divorce only, i.e., terminate the marriage, but nothing more.

If you want to do property, financial, money matters, etc., you need personal...
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1 Answer | Asked in Divorce for Virginia on
Q: Divorce finalized in 1997 with the details to be determined at a later date. Can my spouse ask for property now in 2020?

Filed for divorce in Chesapeake in '96. In '97, I was stationed overseas, and flew back for the divorce hearing. My spouse did not respond to anything about the hearing, but had a lawyer call in to ask for a continuance. Judge did not grant delay since I was able to make it and was active... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 17, 2020

It depends upon what the final order of divorce says. It is possible, but highly unlikely that the court ordered the marriage be terminated but then ordered that matters of equitable distribution, support, etc. are left open indefinitely.

Va. Code 20-107.3 provides for divorce and property...
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1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can I get a local lawyer for an out of state custody/placement hearing?

I live in the VA/DC area and my children live in Wisconsin. The divorce hearing was in Wisconsin over 2 years ago and I feel that gaining placement and custody would be in the best interest of my 3 children due to the custodial parent denying my placement 3 times now. She has also been feeding my... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Apr 16, 2020

You could retain a local lawyer to represent you in Wisconsin. However, that lawyer would either have to be also barred/licensed in Wisconsin, or be admitted pro hac vice, i.e., sponsored by a Wisconsin lawyer for temporary practice in Wisconsin.

Also, keep in mind that it will be expensive...
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1 Answer | Asked in Child Support for Virginia on
Q: My child turned 13 years old, am I still obligated to pay for Child Care Expenses in Virginia?

The Child Care Expenses are added to my Child Support obligation. Once the DCSE told me that my Child Support will get reduced, once my child reach the age of 13 years olds, because the Child Care Expenses are no longer require in the State of Virginia. Is this correct?

Michael Christopher Miller
Michael Christopher Miller answered on Apr 13, 2020

"F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: I understand the provisions of when child support ends in Va . My daughter Turned 18 and moved out of state. She meets

requirements to graduate, but won’t get her degree sent to her until June. Can I stop paying automatically or do I have to file with the court?

Michael Christopher Miller
Michael Christopher Miller answered on Apr 13, 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... Read more »

1 Answer | Asked in Adoption, Family Law and Child Custody for Virginia on
Q: A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son.

A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will

Michael Christopher Miller
Michael Christopher Miller answered on Mar 26, 2020

At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.

The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.

1 Answer | Asked in Child Support for Virginia on
Q: What happens if I’m on child support and have no job
Michael Christopher Miller
Michael Christopher Miller answered on Mar 23, 2020

The short answer is that your obligation of support continues unchanged.

The prudent course of action is to immediately file a motion/petition to modify support. A court can only retroactively modify support back to the date of filing.

It may take awhile to be heard, but the court...
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3 Answers | Asked in Domestic Violence for Virginia on
Q: My husband was charged w/ a class 1 misdemeanor for domestic violence. It’s his first offense. Can the charges be drop?
Michael Christopher Miller
Michael Christopher Miller answered on Mar 16, 2020

As a criminal charge, the commonwealth's attorney has control of the disposition of the charges. You can ask, but they decide. This is unlike a protective order, which is a civil matter that you would control.

He is probably charged under Va. Code § 18.2-57.2. Assault and battery...
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1 Answer | Asked in Child Support for Virginia on
Q: Can my ex reduce child support payment based on the months he paid the old amount without court filings for new amount?

My husband lawyer contacted me in Feb. about modifying child support because my oldest age out. I sent my financial docs, didn’t hear until today. I was sent a new order with the calculation sheet but no documentation of his financial.

Michael Christopher Miller
Michael Christopher Miller answered on Mar 13, 2020

"Except as provided by § 20-110, no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: owned the property before marrying.Wife insisted I add her to deed. What happens when we divorce?Loan/mortgage my name?

Had property before marriage, added wife to deed but she’s not on the mortgage loan . I pay all the bills, gas , lights, water, HOA FEES, cellphone etc etc. what happens when we get divorced????

Michael Christopher Miller
Michael Christopher Miller answered on Mar 11, 2020

"f. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: How do I file or know what to file under for a divorce

We have no children or property or joint debt, we arrived in July 16 and she left me in oct 16. She left Va some time later in early 17. I have no real idea of her current location

Michael Christopher Miller
Michael Christopher Miller answered on Mar 9, 2020

You file a complaint for divorce to seek a divorce. If you separated in October 2016, you have been separated for more than a one year, so you can file on that basis.

If her whereabouts are truly unknown, and you have exhausted reasonable efforts to locate her, you can serve her by...
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1 Answer | Asked in Child Support for Virginia on
Q: My husband and I separated 9years and I was awarded custodial parent and he was suppose to pay $800 monthly for our 3

Children. It was taken from his check for 1yr and he hasnt paid any since. 2 of our children are over 18now but he doesn't think he should owe me anything because I didn't take him back to court. Is he right? If I'm owed anything how do I go about collecting?

Michael Christopher Miller
Michael Christopher Miller answered on Feb 21, 2020

No, he is not right.

If you have a recent Virginia order, there should be notices required by 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...
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1 Answer | Asked in Adoption for Virginia on
Q: VA stepparent adoption: child 14 never knew bio dad. No support no visitation no contact 14yrs can stepparent adopt?

Bio dad not on birth certificate. No paternity, not on father registry. How can prove abandonment and not need bio signature? Don't want to contact

Michael Christopher Miller
Michael Christopher Miller answered on Feb 20, 2020

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

Stepparent petitions for adoption. The bio parent/spouse joins the petition to indicate their consent.

Va. Code § 63.2-1202. Parental, or agency, consent required; exceptions.

Consent is...
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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,...
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