Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Sharon R. Moss
1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My ex wants to take me for child support but she lives with a man who is still married but only separated from his wife

He's recently separated a month ago and she's dating this guy

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

Child support is about your obligation to the child. You have an obligation in Virginia to support the child until they are 18 (19 if they are still in high school). So whether you ex is with someone else, remarried, has additional children, etc. you still have an obligation to support your... View More

1 Answer | Asked in Child Custody for Virginia on
Q: My ex and I have joint legal with him having primary physical. Can he move across state lines without my permission
Sharon R. Moss
Sharon R. Moss
answered on Feb 23, 2018

What does your custody order specify? If the order does not give him the right to relocate out of state, then you have the right to file a Motion to Enjoin to ask the court to stop him from moving. Speak to a lawyer to determine what your option are.

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: My grandsons mother has been taunting me for a yr now one minute she says yes then no. Can I take her court for visits?

There was a big fight about her boyfriend an my son since then she will tell me maybe we will see or just not respond. He would come over about every other weekend when first born then about 1-2 times a month for over nights. Now she just plays games I just want to be a part of his life.

Sharon R. Moss
Sharon R. Moss
answered on Feb 22, 2018

Is there a current custody and visitation order in place? If so, then the easiest thing would be to have visitation during your son's visitation time. If not, you son can file for custody and visitation so that a visitation schedule is set, and again, you could see your grandson during your... View More

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Son's mother is not allowing me to keep him overnights during my weekend, is this allowed?

Please ask if you need more info.

Sharon R. Moss
Sharon R. Moss
answered on Feb 21, 2018

If you have a court order that allows you to have overnight visits, then she is violating the order. If there is no court order, then you both have rights to the child and you should consider filing for custody and visitation. Talk to an attorney to discuss the facts of your case.

1 Answer | Asked in Child Support for Virginia on
Q: If the non custodial parent lives with the kids, does he still have to pay child support?

The judge asks if the parent lives with the children, you don't have to pay. How to stop it?

Sharon R. Moss
Sharon R. Moss
answered on Feb 14, 2018

If you are under a current child support order and circumstances have changed to where you now live with the kids and you didn't before, you will need to file for a modification in child support based on the change in circumstances. Speak to an attorney regarding the specifics of your case... View More

1 Answer | Asked in Child Custody and Child Support for Virginia on
Q: My ex has physical custody of my kids and I'm paying child support. She wants me to have physical custody of my kids now

Would I need to go back to court to get the support taken off since its in my divorce decree? She is also agreeing to give them to me via text messages. I will still pay spousal support.

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

You would need to ask the court for a modification in child support given the new custody arrangements.

1 Answer | Asked in Child Support for Virginia on
Q: No contact with son for 18 years. Now mother wants to take me to court for child support. What can I do?
Sharon R. Moss
Sharon R. Moss
answered on Jan 30, 2018

In Virginia you have an obligation to pay support until the child is 18, or 19 if they are still in high school. The obligation extends beyond 18 as well if they are disabled. You would need to speak to an attorney about the specific facts in your case to determine your options.

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: is my sons father responsible for paying his medical bills if my son is on his insurance?

i had to take him to the hospital and to a med express and his fathers insurance only covers part of the visit and now i am receiving bills in my childs name for over 1000. i don't have that kind of money and he is only paying 324 in child support a month and i use that to cover all his other... View More

Sharon R. Moss
Sharon R. Moss
answered on Jan 30, 2018

Unless you have a court order or written agreement that says otherwise, he should be paying his proportional share of unreimbursed medical expenses. His proportional share is based off of the income shares of both parties. Please consult an attorney for more specific advice regarding your... View More

1 Answer | Asked in Child Custody, Family Law and Child Support for Virginia on
Q: What legal documentation do I need to get my step son, whose mother I divorced 5 years ago, on my health and dental ins?

After I switched positions a few years ago my new insurer rejected my step son. They want me to provide a court order showing that I am legally obligated to have him on my insurance. What type of court order or documentation should I pursue?

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

Do you have an order that grants you custody or obligates you to pay child support? The court can not obligate you to pay for a child that is not yours either biologically or by adoption, so they most likely can not give you an order obligating you to provide insurance. Most insurers will not... View More

1 Answer | Asked in Child Support for Virginia on
Q: I have been ordered to pay child support even though I never signed a birth certificate nor have I ever took a DNA test

Do I still have to pay even though I have never been proven to be the father and never signed a birth certificate

Sharon R. Moss
Sharon R. Moss
answered on Jan 23, 2018

If you are under a court order to pay support then you have to pay. If you dispute being the father, you can request the court order a paternity test.

1 Answer | Asked in Family Law for Virginia on
Q: What types of documents or proof should we bring to defend a show cause filed by the mother?

Custody is joint physical and legal. The father has the children during the week and the mother has the children on the weekends with the exception of the first weekend of the month. They alternate school breaks every year. The mother is not on child support and the father also carries the health... View More

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

What is the Rule to Show Cause alleging? The evidence needed will depend on what is being violated in the order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: Noncustodial parent changed jobs and is required to carry insurance. He has not notified me of anything. What do I do?

In the court order it states he is required to carry insurance and has up until recently he changed jobs and has yet to notify me of this. I am unaware if my child even has insurance at this time. The child support payments have not stopped and this is withdrawal weekly from his pay check per the... View More

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

First you should ask the noncustodial parent if there is new insurance, and for all updated insurance cards and information. If there is no insurance, and the court order says the noncustodial parent has to provide insurance, you will need to file a Rule to Show Cause to have the court enforce... View More

2 Answers | Asked in Child Support for Virginia on
Q: I am 17 yrs old & the guy who got me preg. is 18 going on 19. Can I have him pay child support?
Sharon R. Moss
Sharon R. Moss
answered on Jan 12, 2018

Every parent has the obligation to support their children. If he is not listed on the birth certificate as the father, you will have to request the court order a paternity test (unless he is willing to take one without asking the court.). If the child is not born yet, you will have to wait until... View More

View More Answers

1 Answer | Asked in Child Custody for Virginia on
Q: I currently have weekly visitation with my daughter. How can I get that reversed and have primary custody instead.

My ex since we divorced has moved my daughter to 4 different residences with 3 men, one of which beat her while my daughter was there asleep. I told me ex I was going to take our daughter from her if she didn't move back with her parents. My daughter lives with her and they currently live with... View More

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

You will need to file a Petition for Modification of Custody. If you can show that there has been a material change in circumstance since the last Custody order was entered, and that a change in custody is in your daughter's best interest, then you may be able to get the court to make a... View More

1 Answer | Asked in Family Law and Divorce for Virginia on
Q: I have been married less than a year. There is nothing together in my wife and I name. I bought a car after marriage.

She has horrible credit. I own 3 vehicles and we sold hers so that she would have no bills. I have no issues giving her a vehicle that has less miles and is worth more than hers was. What do I need to do to start the divorce process? Do I even need a lawyer?

Sharon R. Moss
Sharon R. Moss
answered on Jan 10, 2018

In Virginia, unless there exist grounds for divorce (adultery, desertion, cruelty), you can not file for divorce until you have been separated for 1 year (or 6 months if you have a Property Settlement Agreement in place and there are no minor children born of or adopted of the marriage). You do... View More

2 Answers | Asked in Family Law and Child Support for Virginia on
Q: Should I continue to pay expenses to my wife and kids after she moved out with the kids.We are separated.
Sharon R. Moss
Sharon R. Moss
answered on Jan 9, 2018

You have an obligation to help support your children until they are 18, or 19 (if they are still in high school). However, if there is no child support order in place, then there is no set amount that you have to pay. With regard to supporting your wife, that depends on your ability to pay and... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Virginia on
Q: Temporary Alimony while separated

If my wife files for temporary alimony while we are separated do most courts grant this? What if any are the factors that are used to determine if temporary alimony would be granted. Or does the judge just simply use a formula to determine the amount. I was asked to leave the residence but I did... View More

Sharon R. Moss
Sharon R. Moss
answered on Jan 9, 2018

If your wife can demonstrate a need for support, she will likely get it pendent lite. The state has spousal support guideline that some of the courts will use to determine this temporary support. It depends on which court you are in as to whether they follow the guidelines or not.

View More Answers

2 Answers | Asked in Child Support for Virginia on
Q: If I pay child supt for 1 child in va then I have 2 other children and my wife isn't working will this chg amt
Sharon R. Moss
Sharon R. Moss
answered on Jan 8, 2018

That depends on whether or not you had the 2 children when the original support order was entered for the other 1. And whether or not the 2 children you are referring to are your biological/adopted children. If they are your step-children it will not affect the amount due in support for your... View More

View More Answers

2 Answers | Asked in Divorce for Virginia on
Q: Buying a house in my name while separated.

My wife and I are currently separated

and she is living in her parents house with our child. If she does not want to move and I do not want to go back to her parents house to live and I buy a new house with a mortgage would that be taking into account if she files for alimony? Meaning... View More

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

When the court makes an award of spousal support, they take into account the payer's ability to pay and the payee's need. To do this they typically take into consideration each party's monthly income and expenses. So your mortgage and/or rent payment would be included in the... View More

View More Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Virginia on
Q: I have a Half Brother that lives in Suffolk Va. We have the same Father but different Mothers His Mother only had him.

Well his Mother's Brother had 6 children. Both my brother's Mother and her Brother are decease. There is 25 acres. on the Affidavit of the Commonwealth of Virginia.. My Question to ask a Lawyer. If something was to happen to my brother. Does his half of the 25 acres go to his siblings or... View More

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

The first question is, who owns the 25 acres right now? Your question is a little unclear because you don't say who currently has legal ownership and why you believe your brother owns 1/2 of the 25 acres. If your brother owns 1/2 of the 25 acres right now, does he have a Will specifying who... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.