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.
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...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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)...Read more »
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...Read more »
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?
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 »
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?
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 »
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.
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 »
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 »
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.
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