Questions Answered by Gary D. Godman

Q: My neighbor owes $10k in child support arrears/interest. Her child is now 30 and her ex dead. Is there relief available?

1 Answer | Asked in Child Support and Family Law for Virginia on
Answered on Oct 3, 2017
Gary D. Godman's answer
That is an interesting question. I would guess that the arrears are a debt owed to the ex's estate and must be paid unless there is some agreement otherwise. Help your neighbor arrange to speak with a family law attorney who can do a little research and review the underlying documents to find a more solid answer.

Q: Am I able to cross examine the petitioner their Witness and the mother of the child? During a motion for visitation?

1 Answer | Asked in Child Custody, Child Support and Family Law for Virginia on
Answered on Oct 3, 2017
Gary D. Godman's answer
Parties have a right to cross-examine witnesses if they are called to testify. You may want to seek an attorney's assistance as a lawyer will know the appropriate ways to conduct cross-examination and help defend your case.

Q: Are we able to get my sisters back?

1 Answer | Asked in Family Law for Virginia on
Answered on Oct 3, 2017
Gary D. Godman's answer
You'll have to ask a Pennsylvania attorney as the case and jurisdiction appear to be in that state. Post your question on the PA section of this website or seek out an attorney in the area where the PA case was heard.

Q: I got pulled over for doing 74 in a 45 mph in Va. Now have court on oct 2 it's my 1st offense should I be worried

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Oct 1, 2017
Gary D. Godman's answer
You may want to speak to a traffic attorney that practices in the area where you received the ticket. If you were given a reckless driving ticket, which is possible at this speed, that is a class 1 misdemeanor punishable by a fine and/or jail time. Call a few ticket attorneys - most will do a free consultation. Often there is a way to lower the charge on a first offense.

Q: n virginia can my 37 year old daughter file for child support if she was raised by her step father?

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 1, 2017
Gary D. Godman's answer
Is your question whether the adult daughter can file to receive money her biological father should have been paying to support her when she was a child? No, she cannot.

Q: If I have child already then someone file child support against me for another child what document do I need to present

1 Answer | Asked in Child Support for Virginia on
Answered on Oct 1, 2017
Gary D. Godman's answer
Any document showing you have custody of the child in your care (court order, birth certificate, lease, etc.) could be sufficient to allow you a credit in the child support calculation in the case against you. Just because you have a child in your care does not exempt you from paying to support your other children. Talk to a local family law attorney.

Q: Can I get an annulment after 11 yrs of marriage and separation

1 Answer | Asked in Divorce for Virginia on
Answered on Oct 1, 2017
Gary D. Godman's answer
It's highly unlikely unless one of you was married in the first place (bigamy). Consult with a local family law attorney - you're probably looking at divorce options instead of annulment.

Q: my sons grandmother wants visitation of my son but refuses to come see him at my home do i have to make him go with her?

1 Answer | Asked in Family Law for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
It is always possible that a court could order visitation to a relative. It is up to the judge to determine if that happens and under what parameters. Speak with a family law attorney, and perhaps the court will appoint an attorney (guardian ad litem) to represent the child's interests.

Generally, you can't stop people from filing suits in court. Just because they can file doesn't mean they can win.

Q: Do I need to file a subpoena for the production of documents for my divorce case or can I just ask for it during trial?

1 Answer | Asked in Divorce for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
There is no real likelihood of asking for and receiving those documents the day of trial. Parties can either subpoena documents or request the other side provide copies in the discovery process. If you are in a contested divorce (which it sounds like you are), you need to speak with an attorney quickly so you don't miss any opportunity to use discovery or issue subpoenas.

Q: Last weekend I moved my stuff out of my dads house. He is trying to take legal action, what can he do? (virginia)

1 Answer | Asked in Juvenile Law for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
He could request you return or compensate him for any items that he owned that were taken. If you're served with a lawsuit, talk to an attorney about what you did and didn't take, and whose stuff it was.

Q: My daughter and I are wanting to move out of state next summer. She is 16 yrs old. what do i have to do?

1 Answer | Asked in Juvenile Law for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
Unless the court order says otherwise, every party in a custody case has to give at least 30 days' written notice to the court and the other parties of any intent to move. The other parent can then bring suit in court to challenge the move if they wish. Talk to a local family law attorney to review your current order and the history of the case to see if this is a good idea.

Q: Filed for CS in VA for 2 kids, the other parent lives in MD. One child resides with my aunt part-time in MD for school.

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
That sounds like more than "part time." If the aunt does not have any custodial rights, it might not affect the case, but it may give the other parent some decent arguments for reduced support. Speak with a lawyer who practices family law in the jurisdiction where you filed.

Q: Should we file a show cause?

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
I suggest listening to your attorney who is familiar with the case. Unlike attorneys online, that person has read the court order and is in the best position to advise you. If you want a second opinion, consult with another attorney in person or by phone/email so the attorney can review the current order and learn more of the case history.

Q: Are my parents allowed to get someone to report my whereabouts and doings?

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
Unless this person is stalking you (in a legal sense - putting you in fear of death or injury), there's not much to be done. It's your parents' job to keep you out of trouble, and if this is how they choose to do it, there is likely nothing illegal about it.

Q: If my ex refuses to sign a final agreement made in court it is still valid?

2 Answers | Asked in Civil Litigation, Contracts and Family Law for Virginia on
Answered on Sep 27, 2017
Gary D. Godman's answer
It may have been agreed in court, but the real question is, do you have a court order mandating this? First, set an appointment to speak to your attorney in person - he/she is the one who knows the case better than anyone answering questions online. If you aren't satisfied, speak to another attorney in person who can review the file and advise whether to sell or file additional proceedings to enforce a court order.

Q: My god son's mother and I want joint custody of our son but his dad won't give us his address so he can be notified

1 Answer | Asked in Child Custody and Child Support for Virginia on
Answered on Jun 15, 2017
Gary D. Godman's answer
He can be served by a private process server, or he could be served by publication in a newspaper if the situation is appropriate for that. Talk to a local family law attorney for specific suggestions based on the full facts of your case.

Q: RFE for joint sponsor tax documents for recent year. They haven't filed this year yet but we filed the papers before the

1 Answer | Asked in Immigration Law for Virginia on
Answered on Jun 2, 2017
Gary D. Godman's answer
Sounds like they want this year, which by now is already due to the IRS. If it's unclear, please speak to an immigration attorney to review your documents. You don't want to get the case denied for sending in the wrong paperwork.

Q: I got a speeding ticket 76/55 in 2014 but the dmv says I have reckless on my record

1 Answer | Asked in Traffic Tickets for Virginia on
Answered on Jun 2, 2017
Gary D. Godman's answer
You may want to get a certified copy of the records from the court. If they show simple speeding (not reckless), you may be able to provide that to DMV to have them correct their records. Talk with a VA traffic attorney if you can't make any headway on your own.

Q: my ex-has everyother weekend and for the summer he gets 2 16 day vacation does that mean he still gets everyother weeken

1 Answer | Asked in Family Law and Child Custody for Virginia on
Answered on Jun 2, 2017
Gary D. Godman's answer
Can't say without seeing the court order. Often it will contain language that says "summer visitation supersedes regular visitation" or "in addition to regular visitation, dad shall have 2 weeks in the summer." You may want to talk to a local family law attorney if it is unclear.

Q: Is there a law for Virginia that dictates which parent has to do the driving to meet for visitation with joint custody?

1 Answer | Asked in Divorce and Child Custody for Virginia on
Answered on Jun 2, 2017
Gary D. Godman's answer
There is no default rule for who provides transportation. Absent a requirement in a custody/visitation order, this is something that would have to be decided between the parties.

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