Virginia Questions & Answers

Q: My daughter is 19 and her father pays child support and was wondering if she is aloud to get a job and receive pension

1 Answer | Asked in Child Support for Virginia on
Answered on Apr 19, 2018
Randi Sirlin's answer
She is certainly permitted to get a job. If there is a pension program associated with the job, she can definitely enroll in that.

In Arizona, child support terminates when the child turns 19 or graduates from high school, whichever comes first.

If you need help with this or have more questions, I recommend contacting an experienced family law attorney.
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Q: I completed a probation period for a misdemeanor a while back. Am I technically convicted? Filling out FAFSA form?

1 Answer | Asked in Criminal Law for Virginia on
Answered on Apr 19, 2018
Steve Miyares' answer
You would need to check the court order on the original marijuana charge. If your case was disposed of under Virginia’s first offender statute, then the case would have been dismissedbwithoutba conviction. However, if you did not qualify for a first offender disposition then you could have had a probation comdition as part of a suspended sentnce. The disposition on the court’s order will provide your answer for you
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Q: Can I terminate a lease if I already agreed (only verbally) to renew for 1 more year? What the prior notice should be?

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Answered on Apr 19, 2018
Steve Miyares' answer
The first thing you need to do is lool wt the terms of your leasebto see what it says about how you are supposed to give notice of terminating or renewing the lease. After you check that, if still have wuestions then you should consult with an attorney about the spcific facts and circumstances of your particulqr case.
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Q: In the state of VA does not eroded documents for a child need to be updated yearly?

1 Answer | Asked in Family Law for Virginia on
Answered on Apr 19, 2018
Sharon R. Moss' answer
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 upheld as valid in court.

Please consult an attorney for more specific advice regarding your case.
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Q: What type of lawyer do i need if i want to file charges of assault and battery against someone?

1 Answer | Asked in Criminal Law and Personal Injury for Virginia on
Answered on Apr 18, 2018
Eric D. Yost's answer
If you plan on filing a criminal complaint, you will not need a lawyer, per se, to do so. Once you make a criminal complaint, probable cause established and charges placed on an individual, a Commonwealth Attorney will be assigned to prosecute this/these

crime(s). The Commonwealth of Virginia is the responsible party from this point on. You may also have a civil claim against the accused party also. A civil claim involves awards of money; a criminal charge carries the penalty of...
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Q: Mother passed away with no will. She was still married but legally separated. Should the house go to children or husband

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Answered on Apr 18, 2018
Richard Sternberg's answer
"[Virginia] Code § 64.2-200. Course of descents generally; right of Commonwealth if no other heir.

"A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course:

"1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends...
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Q: How can I get my case moved from civil court to family court in lee county va? I cannot afford an attorney

1 Answer | Asked in Family Law and Child Support for Virginia on
Answered on Apr 18, 2018
Michael Christopher Miller's answer
You probably want to transfer from circuit court to juvenile and domestic relations district, JDR, court.

File a motion in circuit court to transfer the case to JDR court pursuant to Va. Code § 20-79(c).

Va. Code § 20-79, "(c) In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent...
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Q: I rent a studio in basement in a home.My landlord and I have an agreement that they can enter to use the washer/dryer.

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Apr 18, 2018
F. Paul Maloof's answer
It sounds like you may have a claim for breach of the covenant of quiet enjoyment, but you would have to bring a claim at court and request a trial so a judge can make a decision to allow you to terminate the lease.
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Q: Is it legal for realtor to "forget" to email my contract and allowing anther party to buy that house? Anything I can do?

1 Answer | Asked in Contracts for Virginia on
Answered on Apr 18, 2018
Timothy R Johnson's answer
It's doubtful you can sue the realtor successfully (and even if you could, probably not worth it to do so). But you should consider filing a Realtor Association complaint as it can affect their realtor accreditation and possibly even their state real estate license.
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Q: After a minor graduates from high school in VA do child support payments continue until the age of 18?

1 Answer | Asked in Child Support for Virginia on
Answered on Apr 18, 2018
Sharon R. Moss' answer
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.
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Q: I suppose to close on my house but the buyer ask for a extension. Now I don't want to sell. Can they sue me?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 17, 2018
Richard Sternberg's answer
It depends on what the contract says. As one stand-out issue: Are you required to agree with the extension.
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Q: Grand Jury Day - DUI Felony Offense

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Apr 17, 2018
Stephen Patrick Pfeiffer's answer
The Grand Jury would need to hear evidence from someone to determine if probable cause existed. The officer will most likely be present. If not, I would assume the Commonwealth Attorney would not present the case to the Grand Jury until the officer would be present.
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Q: What do i have to do to find a lawyer who is incarcerated at wallens ridge state Prison who was sexually assaulted?

1 Answer | Asked in Criminal Law and Sexual Harassment for Virginia on
Answered on Apr 17, 2018
Bryan J. Jones' answer
If you are looking for an attorney to investigate the assault that occurred at Red Onion, you should look for a personal injury attorney or a civil rights lawyer.
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Q: I was hit extremely hard from the side and was cited a tic for $30, went by ambulance to ER and didn’t give statement.

1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Answered on Apr 16, 2018
Peter Munsing's answer
Don't give statments until you talk to a lawyer.Call a member of the Va Trial Lawyers Assn--they give free consults.

If you failed to yield you can be given a ticket.

Generally as she was contributorily at fault you can argue to your company she should have a proportional reduction in what she gets.

You paid cash and didn't check to see if it was covered for collision? Sorry, that's likely on you.
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Q: Do we need to get a lawyers for a class 1 misdemeanors

1 Answer | Asked in Criminal Law for Virginia on
Answered on Apr 16, 2018
Steve Miyares' answer
A Class 1 misdemeanor is a jailable offense punishable by up to 12 months in jail and a fine of up to $2500. Therefore, you would be facing up to 24 months in jail and up to $5000 in fines. I would strongly recommend that you consult with and retain the services of an experienced crimnal defense attorney to discuss the facts and circumstances of your particular case.
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Q: I have two 18 year old that decided not to visit the father, can I be held contempt for this.

1 Answer | Asked in Family Law for Virginia on
Answered on Apr 16, 2018
Steve Miyares' answer
If your children are over age 18 then they are adults and free to decide what contact they want with their father. You are no longer responsible for their decision not to visit their father. You would jot face legal consequences for their decision to not visit their father
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Q: 17 year old marriage?

1 Answer | Asked in Family Law for Virginia on
Answered on Apr 16, 2018
Steve Miyares' answer
You can not get married at all in Virginia unless you are at least 18 years old. In the past it was possible to get married under age 18 woth parental permission. However, in 2016 the law chamged in Virginia and now no one under age 18 can get married unless you are emancipated by court order. Therefore, under the situation you describe, you will not be ablebto legally marry in Virginia until after you turn 18 in January. Good luck to you
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Q: how to write up a homestead deed for filing garnishment exemption of wages?

1 Answer | Asked in Civil Litigation and Collections for Virginia on
Answered on Apr 16, 2018
F. Paul Maloof's answer
You should go to the clerk's office at the courthouse or to the law library at the courthouse and ask for their form.
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Q: How to go about getting joint custody of my daughter in Fl. I live in VA.

1 Answer | Asked in Child Custody for Virginia on
Answered on Apr 16, 2018
Sharon R. Moss' answer
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 her home state for purposes of custody and visitation and you would need to speak to an attorney in Florida to determine what the process would be.
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Q: In West Virginia how many days do you have after being evicted?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Apr 16, 2018
F. Paul Maloof's answer
I do not have a license to practice law in W. Virginia. Sorry.
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