Genene Elizabeth Gardner’s Answers

Genene Elizabeth Gardner

Virginia Beach Foreclosure Attorney.

Contributor Level 8
  1. Will my ex-husband still have to pay alimony if I move in with another man?

    Answered over 2 years ago.

    1. Genene Elizabeth Gardner
    2. Darren Marshall Hart
    2 lawyer answers

    I would need more information to answer your question properly. Are the spousal support payments court ordered or part of a separation agreement? If they are in an agreement you must look to the agreement to answer whether remairrage or cohabitation will end your spousal support.

    4 lawyers agreed with this answer

  2. I haven't received report from Guardian ad Litem before court?

    Answered over 2 years ago.

    1. Genene Elizabeth Gardner
    2. Michael Christopher Miller
    2 lawyer answers

    The G.A.L. should give a copy of the report to each party regardless of whether that party is represented by counsel. Sometimes the G.A.L. will not issue a report until right before the hearing. Also the G.A.L. may withold a recommendation until all of the evidence is presented at the hearing. I would suggest that you call and possibly make an appointment to meet with the G.A.L.

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  3. My question has to do with filing for divorce in VA. Do I need my husband signature before I can file with the courthouse?

    Answered over 2 years ago.

    1. Genene Elizabeth Gardner
    2. Susan Leslie Fraser
    2 lawyer answers

    You may file a complaint for divorce in Virginia without a signature from your spouse. You may then either have your spouse served with the complaint or have your spouse sign a waiver. The waiver waives service, the 21 day waiting period given to the defendant, and notice for any other hearings. If you have have your spouse served and they do not answer within the 21 day waiting period then you may move forward with a divorce. If you need certain issues adjudicated then you may set a...

    2 lawyers agreed with this answer

  4. Child Support

    Answered over 2 years ago.

    1. Michael Christopher Miller
    2. Genene Elizabeth Gardner
    3. Mary Katherine Brown
    4. Barry Joseph Hards
    4 lawyer answers

    Child support is not a right that you can waive. Child support can be reserved for determination at a later date. She has the right to petition the court for child support. The department of child support enforcement can take your information and calculate the support based on the guidelines.

    2 lawyers agreed with this answer

  5. Cohabitation-consecutive days any other rules

    Answered over 2 years ago.

    1. Genene Elizabeth Gardner
    2. Jennifer E Mandell
    2 lawyer answers

    You may certainly petition the court to end spousal support. The question however is whether your support was a result of a separation agreement or a court order in the final decree. If your spousal support was part of a separation agreement and the agreement stated the support would end upon cohabitation analogous to marriage then you would need to prove that your ex spouse is cohabitating analagous to marriage by a preponderance of the evidence. If your support was ordered by the court...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Where do I file for divorce?

    Answered over 2 years ago.

    1. John Howard Crouch
    2. Michael Christopher Miller
    3. Jennifer E Mandell
    4. Darren Marshall Hart
    5. Genene Elizabeth Gardner
    5 lawyer answers

    You may file in Virginia as long as one of you has been domiciled in Virginia for at least 6 months prior to the filing of the divorce. Even when you have an uncontested divorce you should seek counsel as it can be difficult to file a divorce pro se.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. My boyfriend was just served with a show cause notice to appear in court in Virginia, please help us!

    Answered 12 months ago.

    1. Genene Elizabeth Gardner
    1 lawyer answer

    It sounds like you took advice from a G.A.L. by purchasing a coke at the meeting place in order to be able to track that he was there at a certain time. A show cause is serious because being held in contempt of a court order can ultimately be punished by incarceration. I highly recommend that your boyfriend hire an attorney to represent him in the show cause.

    1 lawyer agreed with this answer

  8. My ex pays arrearages for two adult children and my minor gets nothing. if i file does he still have to pay for the adults too?

    Answered 12 months ago.

    1. Genene Elizabeth Gardner
    1 lawyer answer

    First of all I believe it is important to make sure you are asking your family law question to a person that has experience in family law. If you file a petition for child support he would have to pay the support for your minor child and he would have to continue to make payments on the arrears. Child support is court ordered and if he does not fulfill his obligation you can pursue a show cause against him for failure to comply with the court orders. However you do not have to pursue a show...

    1 lawyer agreed with this answer

  9. Married less then a year, can anyone file for spousal support

    Answered about 2 years ago.

    1. Jennifer E Mandell
    2. Genene Elizabeth Gardner
    2 lawyer answers

    The court looks at several factors laid out in Va. Code sec. 20-107.1(E) when determining if there should be an award of spousal support. Length of the marraige is one of them. You have a short term marriage. Also the court looks at both parties' income and expenses. If your spouse makes more money than you do then the court would not likely award spousal support. The spouse with the higher income is at risk of possibly being ordered to pay support. Your spouse's threats are just that,...

    1 lawyer agreed with this answer

  10. What are the chances of going to jail being 7000 behind on child support in a show cause hearing in the state of Virginia?

    Answered over 2 years ago.

    1. Genene Elizabeth Gardner
    1 lawyer answer

    Child support is awarded to care for your child. Your child needs food, shelter, and clothing. The court is very strict with enforcement of child support. If you are behind on a court order for child support and are found in contempt of the court order you will likely be sentenced to jail for up to a year with what is called a purge amount on your sentence. The court may decide what your purge amount is based on the circumstances of your case. For instance a judge could sentence you to...

    1 lawyer agreed with this answer