We have 2 children age 5 and age 11. How do I come up with this figure? Is there a guideline for the state of Virginia? What if I pick a number too high and he won’t sign? How do I know what is fair?
One does not decide on a dollar figure.
Va. Code 20-108.1 and 20-108.2 lay out in detail how child support is calculated. Both statutes state that the guideline amount determined by the formula must first be calculated by the judge, and is presumed to be the correct amount of child support.
We have a son that we share custody of , we came to all the agreements in NY, I have him for 10 nights a month and pay child support, he is now starting kindergarten, i’m not expecting to take him out of school, just not sure why this needs to be signed or is it a Virginia state requirement?
Court orders in one state can be registered for enforcement in another state pursuant to the "full faith and credit" clause. For example, the NY order can be registered in VA, and VA courts will give full faith and credit to the NY order and enforce it as if it was a VA order.
Registration... Read more »
Ongoing divorce, assets are completely separate, both parties worked and have their own accounts. Wife is now seeking my financial information post-date of separation to present. How is that relevant?
During a divorce, many couples go through a process called equitable distribution, which is essentially the division of any property owned during the marriage. One or both spouses may also request spousal support (alimony) or child support.
Obtaining financial documents, especially income... Read more »
I dont want nothing to do with my children
You can file for divorce in Virginia as long as either you or your spouse have lived here for at least six months prior to filing. So if you have lived in VA for at least six months, you can file here.
If your children live in North Carolina, a Virginia court would likely not have... Read more »
The six month waiting period will end only a couple weeks before my due date. I was wondering if I could still manage to get the divorce in the sixth month waiting period before the baby gets here and if so, is there a way to speed the process up? There was abuse, I currently have a protective... Read more »
You can get a divorce in Va. with a six month separation if there are no minor children AND you have a written agreement that resolves all issues before the court.
The agreement can be as simple as he keeps his stuff, you keep your stuff, and there is noting for the court to decide, but it... Read more »
Very unusual and interesting question. The answer is yes, and we have worked through one of these before here in my firm. Would take too long to outline the process on this site. Contact a good family law firm, and they will be able to help. My best to you.
You need to make sure your objections were presented to the judge so the judge has an opportunity to correct what you may object to. Note that orders become final 21 days after entry.
You must notice your appeal with 30 days of entry of the final order.
Can you and your wife make that agreement? Yes.
Will the court enforce the agreement if someone chooses to violate, e.g., your wife seeks child support past age 16? Probably not.
Parties cannot contract away the power of the courts to protect the welfare of children. Child support... Read more »
I have a property division question. He bought the house before we got married. Of the 10 years he's owned it, we were married 3 years and I paid towards the mortgage during this time. I was never on the deed/mortgage, but it's documented that I paid the bills for the house and contributed... Read more »
Yes, you are probably entitled to a value equal to some amount of equity in the house. In a Virginia equitable division of assets during a divorce, property is divided into three types: marital, separate and hybrid. Marital property is divided between the parties, separate property is left to the... Read more »
Judge says i did not properly serve the complaint on the defendant.
If you have verification that the Complaint was served by the Sheriff, it is possible that the certificate of service from the Sheriff did not make it to the Judge's file? Or was there question about the address? There is also a general requirement to follow posted service with a mailing. Without... Read more »
If served by posting, you still have to give notice, etc. and proceed.
Va. Code § 20-99 provides you can forego notice if served personally. "5. In cases where such suits have been commenced, the defendant has been served pursuant to the provisions of subdivision 1 of § 8.01-296, and the... Read more »
The complaint for divorce. And, any answers or counterclaims thereafter.
Defendent did not respond and is well beyond 21 days. I told clerk i wanted to pursue judgement by default. Clerk said there are some papers to fill out. What papers? Clerk told me I was almost done and had only one thing left to do but couldn't tell me what. Do I have to write a letter to the... Read more »
Judgments or decrees by default are not allowed in divorce or annulment cases in Virginia.
Rule 3:19 of the Rules of the Supreme Court of Virginia provides as follows:
..."(c) Default Judgment and Damages.
(1) Except in suits for divorce or annulling a marriage, the court... Read more »
I served the divorce complaint by sheriff service. The judges telling me that I did not properly serve the complaint. I'm not sure what to do next
The starting point for service of process in divorce cases is Virginia Code Section 20-99. The primary consideration in service for divorce cases is the relief sought. Under the concept of divisible divorce, a marriage consists of two components - a legal relationship or res, and property rights... Read more »
In a final divorce decree, a Chesapeake Circuit judge ordered it had subject matter jurisdiction to incorporate the parties' separation agreement and for the parties to strictly comply with its terms. When one of the parties attempted to enforce the terms of the incorporated agreement, the very... Read more »
Although I do not practice law in Virginia, many generic legal questions are answered the same way in all states. For example, most states have adopted the same laws in areas that lend themselves to interstate enforcement through compacts, including issues that arise in divorce proceedings that... Read more »
Yes, file all 3.
Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider.
Notice of appeals from circuit court... Read more »
My in-laws divorced from Kentucky. My father-in-law lives in California and my mother-in-law now lives with us in Virginia. My father-in-law reduced court ordered payments soon after the divorce and now doesn’t pay at all even though my mother-in-law brought him back to court before leaving... Read more »
You need to go to the state where the payor resides to enforce the order.
Only Kentucky, the state that ordered spousal support, can modify the order.
It is referring to VA code 20-107.1 (H) Also why do I have to redo my plaintiff affidavit?
Virginia Code Section 20-107.1(H) sets forth the required notices for court-ordered spousal support only, while Virginia Code Section 20-60.3 sets forth the required notices for court-ordered spousal support where the parents have a mutual child support obligation. Local practices in Virginia... Read more »
Neither party reside in the current state, one lives here, the other in Fl. Would both parties agree to move the case or can the court make that determination?
Certainly if you agree, you can dismiss your divorce suit in another state and, in essence, move it to Virginia--to file after you have lived here for at least 6 months. Even if you both do not agree, in some cases, the party that started the suit, can dismiss it there and refile here in VA. The... Read more »
I am currently stationed in VA.
You need to check with a Florida attorney to answer this question.
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