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Questions Answered by Michael Christopher Miller
1 Answer | Asked in Divorce for Virginia on
Q: If divorced from another state and now living in two different states, can a Virginia lawyer help with unpaid alimony?

My in-laws divorced from Kentucky. My father-in-law lives in California and my mother-in-law now lives with us in Virginia. My father-in-law reduced court ordered payments soon after the divorce and now doesn’t pay at all even though my mother-in-law brought him back to court before leaving... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Mar 7, 2019

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.

1 Answer | Asked in Child Custody for Virginia on
Q: I pay child support for my daughter that’s 5 but I have not seen her in 5 years. What can I do?

Her mother kept her from me and I still try to pay my child support. She moved out of state and I don’t know what to do. I want to see my daughter and get to know her. I’ve called her mother phone but after she figure out it’s me calling she hang up and don’t answer again. She’s married... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Feb 20, 2019

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.

1 Answer | Asked in Child Support for Virginia on
Q: Do I still have to pay child support after my child graduates high school and will attend Community college part time?

My child is graduating high school in the June 2019 and will be attending community college in the fall. Will I still have to pay child support in VA?

Michael Christopher Miller
Michael Christopher Miller answered on Feb 19, 2019

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.

1 Answer | Asked in Child Support for Virginia on
Q: When you say child support continues until arrearages are paid off, do you mean as they are set now?

Right now, my child is over 18. The child support it is set at 507 a month. 300+ for child support and 179 for arrears broken down bi-weekly. I am in a situation where the 179 a month to arrears is realistic can this be modified? Will the judge drop the child support and keep arrears where they are... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Feb 14, 2019

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 §... Read more »

1 Answer | Asked in Child Custody for Virginia on
Q: In va if my child is over 18 and decides to go to college am I still required to pay child support?

In va, if the child is over 18, and I have arrears that was with the child support. Once the child support is corrected because he is over 18 can the arrears be reduced weekly to a more realistic amount, I have had some changes since my last modification, I am now married, my wife has had 3... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Feb 14, 2019

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... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: Do you need to file anything with court once child graduates from high school for child support termination?

Hello, My child graduates from High School in June 2019 and my last payment for Child Support is in May 2019. I pay directly to the mother. Does my child support automatically stop or do I need to file anything with court? I live in Virginia. Thank you.

Michael Christopher Miller
Michael Christopher Miller answered on Jan 14, 2019

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....
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1 Answer | Asked in Child Custody for Virginia on
Q: I live in Virginia my daughter lives in Florida. Can I file for custody in Virginia to get her with me
Michael Christopher Miller
Michael Christopher Miller answered on Jan 14, 2019

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...
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1 Answer | Asked in Child Custody for Virginia on
Q: Hi I have a custody order in Maryland but we moved to Virgina I want to file for sole custody and change visitation.

But I don't have an address for the non-custodial parent. What do I do?

Michael Christopher Miller
Michael Christopher Miller answered on Jan 9, 2019

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....
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1 Answer | Asked in Divorce for Virginia on
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

Separate Account with the children and myself. Going through divorce now husband trying to get money. State Virginia can he?

Michael Christopher Miller
Michael Christopher Miller answered on Jan 7, 2019

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)...
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1 Answer | Asked in Child Support for Virginia on
Q: If I have a Florida child support case and currently live in Virginia where do I petition for an increase?
Michael Christopher Miller
Michael Christopher Miller answered on Jan 2, 2019

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...
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1 Answer | Asked in Child Support for Virginia on
Q: What is the first step to modifying a current support order?
Michael Christopher Miller
Michael Christopher Miller answered on Dec 14, 2018

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.

2 Answers | Asked in Child Custody for Virginia on
Q: My custody order States that my sons father has visitation from 2 PM Christmas day until 6 PM Jan.1

The father has visitation every other week from 6PM Sunday until Wednesday at 6pm. It just so happens that his regular weekend starts the 23rd of December. Will I be breaking the custody order not allowing him to get my son until Christmas Day at 2pm?

Michael Christopher Miller
Michael Christopher Miller answered on Nov 27, 2018

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...
Read more »

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1 Answer | Asked in Family Law for Virginia on
Q: How quickly can a lawyer domesticate a Florida Final Judgement and get a hearing on a Motion for contempt?

The Final Judgement of Paternity and Parenting Plan were entered in FL. They have moved to VA recently. I filed a Motion for Contempt Florida due to the jurisdiction. Nothing ties anyone involved to FL anymore. We are dual military. Therefore, my lawyer advised me to get a second opinion from a VA... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Nov 20, 2018

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....
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1 Answer | Asked in Divorce for Virginia on
Q: Does alimony have an end date for a marriage of less than 15 years in Virginia?

There is no end date listed. Agreement just states alimony will be paid to the spouse..."until such time the Wife "cohabits" with another in a situation analogous to marriage for a period in excess of 1 year."

If it is permanent, does it even continue after retirement?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 31, 2018

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...
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1 Answer | Asked in Divorce for Virginia on
Q: If I have a Divorce agreement that states

That husband will maintain at my cost, the existing, continuation and any successor health, dental, vision, & major medical insurance at current level for my ex-wife and 22-year-old daughter until such time they are no longer eligible. In the event that wife and daughter are no longer eligible to... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Aug 17, 2018

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...
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1 Answer | Asked in Child Support for Virginia on
Q: Non-Custodial moved to NC and order is in GA. Which state handles 3 year modification calc?

The non-custodial parent has a order in GA that was registered through the state of VA. Now he has moved to NC and it's time for a modification. What state calculation would be used and which court would the order be written in.

Michael Christopher Miller
Michael Christopher Miller answered on Aug 15, 2018

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.

1 Answer | Asked in Child Support for Virginia on
Q: My child graduated high school in June but turns 18 later this year. Am I obligated to pay support through 18 or grad?

State: VA.

I have always paid her mom child support in accordance with the VA guidelines as agreed upon by her mom. Her mom has never filed for support nor have I been ordered to pay. Its been this way for 16 years. I've always tried doing the right thing and have continued to pay... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jul 13, 2018

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.

1 Answer | Asked in Child Support for Virginia on
Q: Child support - which state guidelines are followed when moving?

I'm the custodial parent with a child support order in NY. NY requires support until age 21. We will be moving to VA at which time support is only required until age 18 (child will be 17 at time of move). Which state guidelines are followed? The laws of the originating state or the laws of the... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jul 2, 2018

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...
Read more »

3 Answers | Asked in Divorce for Virginia on
Q: Who can I talk with about obtaining copies of Divorce Decrees from years ago so that I can file for Social Security?
Michael Christopher Miller
Michael Christopher Miller answered on Jun 26, 2018

The clerk of court where the divorce was filed.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Virginia on
Q: Child support questions in Virginia?

My husband is divorced in 2008 with 4 kids? He paid Alimony and He is still paying child support for his kids. His kids ages are 23, 21, 18 and 16. All kids graduated from school except the last one. We are having a baby together. Do we have to pay child support when they are in college? We met... Read more »

Michael Christopher Miller
Michael Christopher Miller answered on Jun 20, 2018

Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability.

Often times settlement agreement do have college expense obligations that are separate from child support obligations.

Any financial arrangement...
Read more »

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