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Virginia Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Title 26 IRS code Pub. 525 states my veterans disability shall be excluded as income.Why are the courts not honoring it?

They are using that as income to calculate child support. How is that legal? Or should i get a lawyer?

Michael Christopher Miller
Michael Christopher Miller answered on Dec 12, 2019

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,...
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1 Answer | Asked in Family Law, Products Liability, Civil Rights and Constitutional Law for Virginia on
Q: Hey, so my friend is 19 and is moving out soon. But his dad is stealing and breaking his stuff. Is this legal or illegal

Ik it seems like a silly question but better to be safe than sorry

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

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

1 Answer | Asked in Family Law and Immigration Law for Virginia on
Q: Can I leave US and return to my country of citizenship (India), and have my kids remain there with me?

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 »

Kevin L Dixler
Kevin L Dixler answered on Dec 12, 2019

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 »

1 Answer | Asked in Family Law for Virginia on
Q: Can I take a withdrawal slip from credit union to incapacitated spouse to have signed so I can get money?

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?

James H. Wilson Jr.
James H. Wilson Jr. answered on Dec 2, 2019

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 »

1 Answer | Asked in Family Law for Virginia on
Q: In va can I sign over my parental rights
Michael Christopher Miller
Michael Christopher Miller answered on Dec 2, 2019

You can relinquish your custodial rights, physical and legal. You cannot sign over the obligation of support.

1 Answer | Asked in Family Law for Virginia on
Q: Can previous interrogatories and admissions be used in appeal case from JDR to Circuit Court in Virginia?

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 »

James H. Wilson Jr.
James H. Wilson Jr. answered on Nov 7, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can father get emergency custody?

Can father get emergency custody after mother has had child for 13years and been to court twice and remains custodial parent

Michael Christopher Miller
Michael Christopher Miller answered on Oct 30, 2019

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...
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1 Answer | Asked in Family Law for Virginia on
Q: My wife and I are from NC. She is the bio parent of our son, bio fathers rights were terminated. can we apply in va?

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?

Michael Christopher Miller
Michael Christopher Miller answered on Oct 29, 2019

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...
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1 Answer | Asked in Family Law and Child Support for Virginia on
Q: Hello, I conceived in SA Texas. I live in Virginia now. Never married.

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 »

Michael Christopher Miller
Michael Christopher Miller answered on Oct 29, 2019

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....
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1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

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... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

1 Answer | Asked in Family Law for Virginia on
Q: How can I be permitted to visit with my 11 year old nephew, if the parents do not allow me to?

They are not legally separated, but live in separate dwellings.

Michael Christopher Miller
Michael Christopher Miller answered on Sep 3, 2019

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...
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1 Answer | Asked in Child Support, Divorce and Family Law for Virginia on
Q: I filed divorce from my husband. My lawyer is telling me to decide on a dollar amount for child support

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?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 26, 2019

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.

1 Answer | Asked in Family Law for Virginia on
Q: Is it easier to get a divorce than an anullment? I married someone to help them immigrate, now very ugly

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.

Jessica Wildeus
Jessica Wildeus answered on Jul 26, 2019

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...
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1 Answer | Asked in Divorce and Family Law for Virginia on
Q: in a non-community property state, can a spouse obtain your finances for dates post-separation? How is it relevant?

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?

Jessica Wildeus
Jessica Wildeus answered on Jul 26, 2019

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...
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1 Answer | Asked in Family Law for Virginia on
Q: How long do you have to respond to Va. code 20-146.26

This notice of request was left on my door, but I can not find a date that I need to respond anywhere.

Michael Christopher Miller
Michael Christopher Miller answered on Jun 20, 2019

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.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on
Q: What can I do cps lied

They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

1 Answer | Asked in Family Law and Divorce for Virginia on
Q: FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time?dead line to file?
Michael Christopher Miller
Michael Christopher Miller answered on Apr 3, 2019

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...
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2 Answers | Asked in Contracts, Family Law and Tax Law for Virginia on
Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?

My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 30, 2019

Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations... Read more »

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1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Virginia on
Q: My child father attacked me in front of our child. His 2nd domestic violence charge. Will he get custody/visitation?

I have sole physical & legal custody, visitation reserved to father, at mother’s discretion, since 2017. My child father attacked me when he dropped her off to my home, after having her for the weekend. DV has been an ongoing issue for years, and my daughter show signs to be traumatized. So I... Read more »

Susan Fremit
Susan Fremit answered on Mar 9, 2019

I have moved your question to family law because that is the area of law you have a question about. Domestic violence and criminal law is for those charged with offenses in those areas and requiring answers related to such.

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