Child will be 26 yrs old in Nov 2020 and in the military. There is only $350 left to pay on arrears but $19,000 in interest.
I regret that I do not handle domestic relations cases. Sorry.
I do not handle domestic relations or child support matters. Sorry.
My son’s father is on child support and has been since our son was 6 months old. However, he only pays when they take it from him and he’s never met him and he’s still $40,000 behind and has no interest in meeting him or getting to know him. He told me to leave him alone because he has other... Read more »
Taking someone's obligation to pay child support away does not take their parental rights away. There is a process for him to relinquish his parental rights and you would have to speak with a family law attorney in your area to find out how that is done.
Child’s father lives in another state. Has two other kids he flaunts and takes care of but does not do anything for our daughter even when we were living in the same city. His name is not on her birth certificate. Husband has been taking care of my daughter for almost her whole life.
Va. Code § 8.01-217. How name of person may be changed.
A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such... Read more »
They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?
Va. Code § 20-108.2. Guideline for determination of child support
* * *
C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance... Read more »
Ik it seems like a silly question but better to be safe than sorry
I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck
Tim Akpinar
I, my wife and two kids (8 and 15) are Virginia US legal permanent residents, and we all are citizens of India.
I sponsored US permanent residency to my entire family based on diversity lottery visa 3.5 years ago.
I am not happy at all in the US. I would happily return to my country... Read more »
That would be an international kidnapping crime unless you were lawfully granted full custody. It is unlikely that she would be denied joint custody unless she was abusive. In addition, it is likely that it will be in the best interests of the children for them to remain in the U. S.... Read more »
How do I go about getting money from my husbands account as an emergency? Someone said I can take a withdraw form and have him sign it and put thumbprint in front of witnesses. Is this true?
A person may act for an incapacitated person either as a guardian or conservator by virtue of a court order, a court appointed guardian ad litem, or pursuant to a durable power of attorney. The durable power of attorney must be signed by the principal before becoming incapacitated or during a... Read more »
You can relinquish your custodial rights, physical and legal. You cannot sign over the obligation of support.
I was granted primary custody of a child in July. The other party appealed and they were granted a trial de novo in Circuit Court. We are both currently pro-se. I previously submitted admissions and interrogatories for the case in July. The other party responded but did not provide their own... Read more »
A witness can be impeached by prior inconsistent testimony or sworn responses in discovery. Impeachment requires a particular sequence of questioning that allows the witness to first give correct testimony, recollect instances of prior testimony, and then acknowledge prior inconsistencies. There... Read more »
Can father get emergency custody after mother has had child for 13years and been to court twice and remains custodial parent
The court views "emergency" as a life or death situation, not someone not wanting to wait their turn.
File a petition to modify custody, and file an emergency motion. The court clerk and/or judge will review them to see if an emergency exists. If so, the court will docket a hearing to... Read more »
My wife does not pay any bills and has not gotten a new license. Therefore has no proof of residence tho we’ve been here for over a year(just never got around to dmv). So would we be able to apply for a name change for our son who is 3? Or would we need to do it in NC?
Va. Code § 8.01-217. How name of person may be changed.
A. Any person desiring to change his own name, or that of his child or ward, may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such... Read more »
I conceived in Texas (San Antonio) I lived there for 6 months and bought a home. When the father found out I was pregnant he abandoned/ left me and my baby. I moved to Virginia with my parents. I want to file child support in Texas but the father is fighting this. Texas child support stated I could... Read more »
Wherever you file for child support, the case will be heard in a court where the payor resides.
You can file in Va., but Va. DCSE will transfer the case to Texas. Or, you can file directly in Texas.
If the father is subject to Texas jurisdiction, there is nothing to fight.... Read more »
So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She chased it... Read more »
Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.
What is your question?
They are not legally separated, but live in separate dwellings.
Va. Code § 20-124.2. Court-ordered custody and visitation arrangements.
. . .
B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there... Read more »
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.
She is from Jordan and is living with me - we have not had any relations. I want her out of my house and out of my life. She is here on a tourist visa. She has two children - she signed a pre nuptial agreement.
It is a common misconception that you can get an annulment in Virginia when a marriage hasn't been consummated. The grounds for annulment in this state are very narrow, so it's pretty uncommon.
It is much more common for couples to file for divorce, even if they have had short or... 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 »
This notice of request was left on my door, but I can not find a date that I need to respond anywhere.
Either the order to be registered is the order in effect or it is not. There is no reason to delay disputing the order to be registered if it is not the order in effect.
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