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.
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.
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.
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...
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.
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.
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.
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.
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...
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.
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.
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.
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.
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...
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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