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Questions Answered by Sharon R. Moss
1 Answer | Asked in Child Support and Family Law for Virginia on
Q: Is there any way child support could be extended while my child is in college in Virginia without me agreeing to it?

Two daughters I've paid support on faithfully and have records to prove it. Younger one - just found had a GED and is out of school and is over 18. Other has been in college for going on 2nd year - far past 18. Based on this I informed the mother I've stopped support payments. Mother... Read more »

Sharon R. Moss
Sharon R. Moss answered on Jun 18, 2018

If you are not in arrears on your child support payments, then if the child support order was issued in Virginia, your obligation to pay child support should terminate upon the child turning 18 and having graduated from high school. If there is no agreement otherwise between you and your ex, then... Read more »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can I request a set of interrogatories without having an attorney

I received my first set of interrogatory questions from my son's father's attorney in a custody case I do not have an attorney am I able to request these questions also from him.

Sharon R. Moss
Sharon R. Moss answered on Jun 18, 2018

Yes, if you are representing yourself you have the right to issue Interrogatories and Requests for Production of Documents in the case as well.

1 Answer | Asked in Divorce for Virginia on
Q: I was living with my husband for 27 years. We been separated for 5 years. Can I still request spousal support ?
Sharon R. Moss
Sharon R. Moss answered on Jun 13, 2018

Has there been any order of the court with regard to spousal support up until now? If not, then you should be able to request it, but it will depend on the circumstances of your situation whether or not it would be allowed. Please speak to an attorney for more specific advice on your situation.

1 Answer | Asked in Divorce for Virginia on
Q: Wife and I are divorcing. House is in her name. When it sells she’s refusing to split the equity.

I’ve paid a little more than half of the mortgage each month. Is this legal?

Sharon R. Moss
Sharon R. Moss answered on Jun 11, 2018

During the marriage any monies paid towards the mortgage would be considered marital (unless they were from an inheritance, or otherwise separate funds). But if the money used to pay the mortgage during the marriage came from income from working, then it would be considered marital. Therefore, you... Read more »

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on
Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

This is in the state of VA, home was purchased 20 yrs before marriage but some mortgage contributions were made by non-deeded spouse.

Sharon R. Moss
Sharon R. Moss answered on Jun 8, 2018

If any mortgage payments were made during the marriage, then the spouse not on the deed may have a claim on some of the equity. Please speak to an attorney to for more specific advise on your case.

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1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: Can a parent terminate their parental rights after losing custody in Virginia? Would child support still be obligated..

After termination? custody was filed under the false pretense the mother was unable to be contacted or located. And was excluded from the custody proceedings. Is termination of parental custody permanent if filed in state of Virginia?

Sharon R. Moss
Sharon R. Moss answered on Jun 6, 2018

Did you lose custody or did the state terminate your rights? They are two very different things. If you lost custody, but not parental rights, then child support is still an obligation for the non-custodial parent.

A parent can not voluntarily terminate their rights to a child unless...
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2 Answers | Asked in Child Custody for Virginia on
Q: How would I go about filing for custody of a child who currently resides out of state?

I reside in Virginia currently and my child resides in North Carolina. Custody was granted under the pretense that I was no where to be found, when in fact the party knew of my where abouts. In addition, permanent custody (final decision, the paper says) was granted without my participation in the... Read more »

Sharon R. Moss
Sharon R. Moss answered on Jun 5, 2018

It depends on where the last custody order was issued and how long the child has lived in North Carolina. If the child has lived in North Carolina, then the courts there have jurisdiction over the child, however, the current custody order is not from North Carolina, you will have to ask the North... Read more »

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2 Answers | Asked in Child Support for Virginia on
Q: Can we ask for child support for the last nine years?

My child starting living with me 9 years ago when mother couldn’t handle him ( he was getting in trouble). Now he’s 16 in va he wants to move in with his mom. She probably will want child support. I never asked for help. Can I ask for back child support/ medical bills? There isn’t any court... Read more »

Sharon R. Moss
Sharon R. Moss answered on Jun 5, 2018

Unfortunately, if there was no child support order in place and no order or written agreement concerning child support or expenses, there is no authority for the court to grant child support for the last 9 years. With regard to custody, since the child has been with you for the last 9 years, if he... Read more »

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1 Answer | Asked in Divorce for Virginia on
Q: I have a divorce filed in Hanover Ex won't complete paperwork to proceed. It's been 3 yrs. Should I hire lawyer to

Try to get her to finish this or start over and file myself?

Sharon R. Moss
Sharon R. Moss answered on Jun 5, 2018

Did she ever serve you with the Complaint for Divorce when she filed it? If so, you have 2 options. You can ask the court for leave to file late pleadings and file an Answer and Counterclaim. Then you can proceed with finalizing the divorce based on your counterclaim. Or you can just file your... Read more »

1 Answer | Asked in Child Support for Virginia on
Q: And the state of Virginia if a mother's rights have been terminated is she obligated to pay child support?

A friend of mine is paying 240 every 2 weeks does not have a career minimum wage jobs rights were terminated kids stay with their aunt she has no rights to see them talk to them or anything is that legal in Virginia?

Sharon R. Moss
Sharon R. Moss answered on Jun 4, 2018

It depends on if her rights were actually terminated, or if she just lost custody of the child. If she lost custody she still has an obligation to support the child. She should speak to an attorney for more specific advice on her case.

1 Answer | Asked in Family Law and Child Support for Virginia on
Q: What is reasonable medical cost? Ex sends me bills for allergy meds and items of that nature. Where is the line draw
Sharon R. Moss
Sharon R. Moss answered on May 29, 2018

Under Virginia Code section 20-108.2, for purposes of this section, medical or dental expenses shall include but not be limited to eyeglasses, prescription medication, prosthetics, orthodontics, and mental health or developmental disabilities services, including but not limited to services provided... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: how long does alimony have to be paid

went to mediation last year had papers drawn up. It says I pay alimony and child support. it doesn't list an end date to the alimony how do I get that?

Sharon R. Moss
Sharon R. Moss answered on May 18, 2018

If there is no end date listed (or ending event) it is likely that the alimony is meant to be paid indefinitely. Consult an attorney who can review the agreement you may have signed.

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1 Answer | Asked in Child Support for Virginia on
Q: Can the non-custodial parent be taken to court for arrears once the child turns 20 years old.
Sharon R. Moss
Sharon R. Moss answered on May 17, 2018

As long as there was a valid court order in effect and the non-custodial parent violated the order by not paying the ordered amount of child support, there is the possibility of getting arrearages. Consult an attorney for more specific information on your case.

1 Answer | Asked in Child Custody and Divorce for Virginia on
Q: My wife was cheating on me (i can prove it), can i keep the custody of my kids

I work in the tech field and for the past year or so, my wife has been cheating on me..before her parents were with me but suddently they have made a u turn and are telling me to continue my life as is which means that i should be ok with her seeing the other guy (totally absurd). Ofcourse I am not... Read more »

Sharon R. Moss
Sharon R. Moss answered on May 15, 2018

There is no presumption of mother over father for custody in Virginia. The court will look at what is in the best interests of the children when they are deciding on custody. You will need to have evidence that it is in the children's best interest to reside primarily with you rather than... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: In the state of VA does not eroded documents for a child need to be updated yearly?

Me and my child’s father have a notarized documents not through the courts for our child, I want to move but our agreement from over a year ago says I can’t. Does he have the right to take me to court over it?

Sharon R. Moss
Sharon R. Moss answered on Apr 19, 2018

If you have an agreement signed and notarized between the two of you regarding the child, it can be brought to the court for enforcement as a contract.

Depending on what the agreement says, and the circumstances surrounding the drafting and signing of the agreement, it may or may not be...
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1 Answer | Asked in Child Support for Virginia on
Q: After a minor graduates from high school in VA do child support payments continue until the age of 18?

Child begins college at 17. Details TBD whether child will continue to "reside" with one parent or live at college.

Sharon R. Moss
Sharon R. Moss answered on Apr 18, 2018

The child support obligation in Virginia is until the child turns 18. It can continue past 18 if the child is in high school and resides with the parent receiving support. In your case, until the child turns 18, there is an obligation to support them.

1 Answer | Asked in Child Custody for Virginia on
Q: How to go about getting joint custody of my daughter in Fl. I live in VA.

My daughter's mother took my daughter and moved to various locations until settling down in Florida. I live in Virginia. I have not seen my daughter, since she was less than a year old. How can I go about establishing joint custody / visitations of my daughter? What do I need and how may that... Read more »

Sharon R. Moss
Sharon R. Moss answered on Apr 16, 2018

It would depend on which court has jurisdiction to make the custody and visitation determination. Is there a current order in place for custody? If so, then you have to go to that court to start.

If not, how long has your daughter bene in Florida? If more than 6 months then that will be...
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3 Answers | Asked in Divorce and Family Law for Virginia on
Q: In Virginia, will husband have to pay spousal support even if wife committed adultery?

Husband has been sole provider for the duration of 15 year marriage. Will husband still have to pay spousal support even if wife committed adultery?

Sharon R. Moss
Sharon R. Moss answered on Mar 15, 2018

Not necessarily. Adultery is normally a bar to spousal support, but there is an exception if the court finds a manifest injustice would occur if no support were paid. Speak to an attorney for more specific advice on your situation.

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1 Answer | Asked in Child Support for Virginia on
Q: Why do I have to pay child support when I didn't sign a contract to receive benifits. Where is the signed contract?

Isn't it also a volunteer pay. What happens if I refuse to pay?

Sharon R. Moss
Sharon R. Moss answered on Mar 5, 2018

In Virginia, every parent has an obligation to support their children until they are 18, or 19 if still in high school. It is not voluntary to pay or not pay this support, it is an obligation which the state and/or the court's have a right to enforce. Speak to an attorney about your... Read more »

1 Answer | Asked in Child Custody for Virginia on
Q: I am not married to my daughter father can he take full custody of child and he is accuse me to have mental illness

He accuse me from domestic violence

Sharon R. Moss
Sharon R. Moss answered on Feb 26, 2018

The court will award custody based on the best interests of the child. Depending on what evidence the court hears, it will determine the custody situation that is best for the child. Speak to an attorney to get specific advice on your situation.

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