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 »
"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 »
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 »
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...Read more »
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 »
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...Read more »
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?
"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 »
"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 »
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
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...Read more »
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.
"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 »
"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 »
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?
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.
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...Read more »
Va. Code § 20-108.2. Guideline for determination of child support
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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,...Read more »
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