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... View More 
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... View More
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.
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.
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.
I’ve paid a little more than half of the mortgage each month. Is this legal?
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... View More
This is in the state of VA, home was purchased 20 yrs before marriage but some mortgage contributions were made by non-deeded spouse.
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.
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?
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... View More
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... View More
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... View More
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... View More
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... View More
Try to get her to finish this or start over and file myself?
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... View More
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?
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.
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... View More
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?
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.
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.
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... View More
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... View More
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?
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... View More
Child begins college at 17. Details TBD whether child will continue to "reside" with one parent or live at college.
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.
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... View More
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... View More
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?
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.
Isn't it also a volunteer pay. What happens if I refuse to pay?
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... View More
He accuse me from domestic violence
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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