Questions Answered by Sharon R. Moss

Q: Being awarded physical custody can the parent with less custody take the child and not return them after agreed time?

1 Answer | Asked in Child Custody for Virginia on
Answered on Dec 4, 2018
Sharon R. Moss' answer
Since the order grants liberal visitation as the parties agree, if the non-custodial parent takes the child and does not return the child at the time that was agreed to by the parties, then they would be in violation of the court order. You should always make sure that the agreed upon times are in writing prior to the visitation. Use text or email to set the visitation times so that you have evidence of when the other parent was supposed to have visitation, should you need it at a future date.

Q: who all is present during a child custody court case?

1 Answer | Asked in Child Custody for Virginia on
Answered on Dec 3, 2018
Sharon R. Moss' answer
Both parties, their attorneys, if they have one, a Guardian ad litem, if one was appointed, and any witnesses that each party wishes to call. The Judge and a courtroom deputy. Possibly a court reporter.

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
Sharon R. Moss' answer
It depends on what the Order states with regard to your holiday visitation time. Also, does it state that the holiday visitation supersedes the regular visitation. More information regarding what the order says is needed to be able to answer this question.

Q: My ex husband filed a divorce against my knowledge and lied about my whereabouts. Is there anyway I can find out what

1 Answer | Asked in Divorce for Virginia on
Answered on Nov 12, 2018
Sharon R. Moss' answer
Under Virginia code he should have filed the Complaint for Divorce in the court in the county/city that you last lived together in Virginia.

Q: Does my wife's attorney have to communicate with me if I am acting as my own counsel?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Nov 2, 2018
Sharon R. Moss' answer
If you do not have an attorney of record, then you should be treated as opposing counsel in the matter.

Q: Dad passes his life insurance company is writing the check to his wife that he hasn't lived with for over 15 years.

1 Answer | Asked in Estate Planning for Virginia on
Answered on Oct 23, 2018
Sharon R. Moss' answer
For life insurance policies, 401k accounts, IRA, and some investment accounts, your father would have been asked to provide a beneficiary on the paperwork he filled out to open them. Whoever he listed as a beneficiary is who will receive those funds.

In Virginia, if a person dies without a Will, all other property passes as follows:

1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children...

Q: My ex-spouse was ordered to pay child support for my two children of 682.00 monthly. My son will be 18 in June.

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 22, 2018
Sharon R. Moss' answer
Child support is calculated based on each parents gross monthly income, cost of health insurance for the children, and cost of any work related child care, so these numbers would be necessary to determine the amount of guideline child support.

Q: My nephew is under the care of his great grandparents. I want to petition for custody

1 Answer | Asked in Adoption and Child Custody for Virginia on
Answered on Oct 22, 2018
Sharon R. Moss' answer
As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.

Q: Can a family law judge make my husband testify under oath whether we cheated on me?

1 Answer | Asked in Divorce for Virginia on
Answered on Oct 19, 2018
Sharon R. Moss' answer
In Virginia adultery is still a crime, so your husband would have the right to assert his 5th amendment privilege against self-incrimination. A judge could not make him state whether or not he committed adultery.

Q: VA sent a letter telling me to pay until they are 20 is this legal?

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 15, 2018
Sharon R. Moss' answer
The Virginia child support statute provides that support will continue to be paid for any child over the age of 18 who is a full-time high school student, until such child reaches the age of 19 or graduates from high school, whichever occurs first.

Q: Can the custodial parent demand that I pay half of all kids medical bills if it’s not in the child support order?

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Oct 11, 2018
Sharon R. Moss' answer
Virginia Code section 20-108.2 states that "any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses." So unless it is stated otherwise, you are likely responsible for your proportionate share of the unreimbursed medical expenses.

With regard to your move, you can petition the court, however, if it was your decision to...

Q: How do I update a will with new information/different inheritors?

1 Answer | Asked in Estate Planning for Virginia on
Answered on Oct 9, 2018
Sharon R. Moss' answer
You can either have a new will drafted which revokes the old will, or you can have an addendum to the current will. If there are significant changes, it is best to have a new will drafted.

Q: My ex-spouse refuse to comply with the order of the court in our divorce decree. Back to court?

1 Answer | Asked in Divorce for Virginia on
Answered on Sep 17, 2018
Sharon R. Moss' answer
Yes, you can file a Rule to Show Cause. This allows you to present evidence on how he has violated the order and ask the court to find him in contempt and to remedy the issue.

Q: What can i do ? If My Child’s Mother keeping my son away from if we shared split custody

1 Answer | Asked in Child Custody and Family Law for Virginia on
Answered on Sep 4, 2018
Sharon R. Moss' answer
If you have a court order regarding custody and visitation, and if she is violating the provisions of the order, then you can file a Rule to Show Cause to ask the court to enforce the order. If there is no court order regarding custody and visitation, you can file Petitions for Custody and Visitation with the court so that an order is in place for you to have time with your son.

Q: my spouse owned a home prior to marriage. home became investment prop. During marriage. How does this help me?

1 Answer | Asked in Family Law for Virginia on
Answered on Sep 4, 2018
Sharon R. Moss' answer
The house is the spouse's separate property. Depending on the details of whether or not the mortgage and upkeep is being paid from the rents collected, and how much of your personal effort has gone into the appreciation of the property, you may have some claim to a portion of the equity in the home, but you would need to discuss the specifics of your case with an attorney to make that determination.

Q: I I'm the Non Custodial parent do I have to go back to court to stop paying child support when my child turns 18

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Aug 24, 2018
Sharon R. Moss' answer
It depends on what your order says, and if the order was issued in Virginia. If issued in Virginia it will also depend on whether or not your child has graduated from high school or if they are disabled.

Q: Va Code 20-108.2(D), parties shall share unreimbursed medical OVER $250. Does the custodial parent eat the first $250?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jul 16, 2018
Sharon R. Moss' answer
That is how the old version of the code reads. Yes, that is how it is interpreted. The custodial parent pays the first $250 and then anything over that is split by the parents.

Q: What is considered the 2nd weekend of July 2018 in regards to visitation

1 Answer | Asked in Family Law for Virginia on
Answered on Jul 6, 2018
Sharon R. Moss' answer
Most likely July 14-15, 2018.

Q: Can she get more child support and spousal support?

1 Answer | Asked in Child Custody for Virginia on
Answered on Jun 26, 2018
Sharon R. Moss' answer
If they are under a court order in Virginia for child support, the child turning 18 and emancipating is a material change in circumstances that would allow her the ability to ask the court to recalculate child support. The circumstances of the parties now as opposed to when the original order was entered will determine what the amount of child support should be at this time. With regard to spousal support, if they are still married, she has the right to request spousal support. Speak to an...

Q: Who can I talk with about obtaining copies of Divorce Decrees from years ago so that I can file for Social Security?

3 Answers | Asked in Divorce for Virginia on
Answered on Jun 26, 2018
Sharon R. Moss' answer
You should be able to get copies from the Circuit Court where it was finalized. Contact the Circuit Court clerk's office in the court the divorce was finalized in and they should be able to help you.

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