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My ex wife lives in Richmond Va and we live in Mount Pleasant SC Guess I need legal help in Richmond VA Is there a limit on the time you have to pay. My wife and I have been married 35 years.
answered on Dec 11, 2017
Which court issued your divorce decree. If a Virginia court awarded spousal support it could be modifiable depending on what the Order says. If you agreed to pay spousal support in a separate agreement with you ex-wife, it may not be modifiable. It depends on what the Agreement says. If the... View More 
I would assume that since I am in Fairfax, Virginia with the children, the child support amount would be determined by Virginia's guidelines.
answered on Dec 11, 2017
It depends on whether or not the court in Virginia can obtain personal jurisdiction over your ex. If so, then they can award child support based on Virginia guidelines. Otherwise, it may likely be based on the laws of the state in which he lives.
The custody agreement is technically 50/50 but his father is mostly absent from his life being in and out of jail or drunk. His father will go for months without trying to contact him sometimes and when he does it constantly leads to empty promises and disappointment for my child. His father does... View More
answered on Dec 11, 2017
You have to follow the custody agreement in that you can not withhold your child from his father. If his father is not asking to utilize the visitation he has then you are not withholding the child. If there is a provision in the order that his father has the right to reasonable phone contact... View More
answered on Dec 11, 2017
You will need to file a Petition with the Court stating that he needs a Guardian. You will need documentation from his doctor that he is not able to make informed decisions for himself. The court will appoint a Guardian ad litem to represent your son. If the evidence shows he needs a guardian,... View More
Is this the normal time?
answered on Dec 8, 2017
It depends on what the Custody Order says. If the Order is silent on the issue, and you decide to move, the other joint custodian has the right to file with the court to enjoin you from moving with the child.
M girlfriend has a daughter with her ex. They were never married. They met and lived in Va for a few years. He has since moved to Illinois and she still resides in Va. can she legally move if she chooses or does she have to go to court.
Our son is now 18 and was just held back.Feb '18 he will be 19 and in 11th grade. He now needs support for another year?
answered on Dec 7, 2017
In Virginia, child support has to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school,... View More
I wanted to know if anything can be done about it to where I can receive it instead of her I don't live with her or anything like I said before I'm 32 years of age
answered on Dec 7, 2017
In Virginia the obligation to pay child support ends at 18 (19 if the child is still in high school). They only way there is an obligation to pay once the child has graduated high school is if the child is severely and permanently mentally or physically disabled, and such disability existed prior... View More
what will happen next? i am not going to cancel what i filed. there is a mediation date january 3 he said he might not be here that date.
answered on Dec 4, 2017
You likely already have a status hearing date, which is probably after the January 3 mediation date. If your husband does not show up for the mediation, then when you go to the status hearing if you have not come to any type of agreement, the court will set your case for a trial date at which time... View More
I have a 10 year old Granddaughter who wants her last name changed, Father in jail, won't sign papers. In Virginia??? Is there a way to proceed through the courts since he is a convicted felon and incarcerated in Virginia?
answered on Nov 30, 2017
Does the child live in Virginia. If so, her Mother may petition the Court for a change of name, but the Father will still have to be served with the paperwork, and the Court will have to determine that a change of name is in the child's best interests.
Under false pretenses and invalid claims, mother returned to home of record. I pay child support and she's unemployed. However, she refuses to give address due to the false pretenses and I'm unable to file for visitation in my current state. What are my options for getting access to my... View More
answered on Nov 30, 2017
So are there no orders in place for custody, visitation, or child support? If there is no order in place for custody/visitation, you options depend on how long the child has been living in the state she is now in. If no order, and the child has been living in the new state for 6 months or more,... View More
Do I have to take all my belongings when I leave are how do this work
answered on Nov 28, 2017
You do not have to file for separation or divorce prior to moving out of the home. Depending on your situation, you may want to file for custody, visitation, child support and/or spousal support.
Then she moved out, on her own, and left for a year during the year I had been paying all the bills and mortgage. Now she moved back in, and we are looking at divorcing and now she does not want to leave nor sign the quick claim deed to let me keep my home, she says she will fight me to sell it.... View More
answered on Nov 27, 2017
She may have a marital interest in the home depending on how much was put down, how long she lived in it prior to separation, and how much, if any she has contributed to the mortgage payments, maintenance, or improvements. So, a portion of the equity in the home could be hers and that will need to... View More
When my father died, he left 50k to his best friend, and left his daughter (me) his truck, a collection, and his home. His ex wife (my mom) is the executor. After paying all his debts, there isn't quite enough to give his friend the whole 50k my father left him. The executor says I have to... View More
answered on Nov 27, 2017
No. If there is not enough cash left in the estate to pay the specific bequeath, you can request a hearing with the Commissioner of Accounts to determine how the remaining funds should be allocated.
Pays child support as appointed by court; has contacted ex via phone and text and no response. He lives in Fluvanna County, VA and children live in Fairfax County, VA.
answered on Nov 27, 2017
Is there a custody/visitation order in place? If not, he can file for custody/visitation so that he may get an Order.
answered on Nov 27, 2017
If there is a custody/visitation order in effect he has to follow that or file with the court to request a modification. If there is no custody/visitation order in effect, he can file with the court to request custody/visitation be decided, but if he went through a divorce, then there should be a... View More
answered on Nov 27, 2017
Yes, you have a duty to support your child until they turn 18 or 19 if they are still in high school.
My brother in law went to court. They said his 15yr old doesn’t have to visit unless he wants too. However, he is to still pay FULL child support. He has recently been laid off as his job shut the doors and he has 2 children at home both younger (10,5). They are using my sisters income for his... View More
answered on Nov 21, 2017
Even though your brother may not see the child, he still has an obligation to support his child. If he has lost his job through no fault of his own, he can petition the court for a modification in child support based on his new circumstances. The court will want to see evidence that he is... View More
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