I have 4 kids. 2 I pay child support for and 2 that live with me. Do my expenses for the 2 kids that live with me (daycare, food, clothes, rent, etc) factor into my income determining support for the other 2?
Child support in Virginia uses a formula set out by the Code (which is presumed correct unless the Court sees good cause to deviate, which is rare). The basics of the formula is your gross income and the other parent's gross income added together and the Code provides a chart of how much support should be paid for the children in common (2 sounds like here). Factored into that is then health care premiums paid for those kids, and work-related child care expenses. You get a credit for the two other children that live with you (of the amount you would pay for those 2 children on the chart with just your income) - that is subtracted from your gross income for purposes of calculating the total support obligation for the children in common. You don't normally get credit for expenses, it is built into the formula. The code section that sets this all out is here: http://law.lis.virginia.gov/vacode/title20/chapter6/section20-108.2/
To ensure you get the numbers correctly, I also recommend seeking out a knowledgeable family law attorney in the Tidewater area.See question
My ex daughter-in-law wants to move my grandson to Missouri. His Father is a Norfolk Police officer. They have joint custody, but she has physical. She just my son 2 weeks ago they are moving. She nor her boyfriend have a job set up out there, his...
Yes, your son can get custody. The mother's move would certainly qualify as a "material change of circumstances," which is required to be shown since the last order to change things. Then the Court looks to the best interests of the child (using the 10 factors in https://vacode.org/20-124.3/). Each case is fact-specific and these relocation cases can be difficult; however, the court always looks to the best interests of the child (not the desires or even best circumstances for moving parent). I would recommend your son seek experienced Tidewater counsel - he can file something before the move to try to get an expedited hearing to keep the status quo until a full trial can be heard. The fact that he has family support would certainly help his case.See question
My husband and I are residents of the 'Commonwealth of Virginia.' I added him to my insurance policy after his employer (a small biz owner) dropped his group insurance. My husband incurred substantial co-pay/fees after a visit to the dentist. The ...
The previous poster is correct - The Fair Credit Reporting Act has very specific guidelines as to what can be reported, on whose report, and for how long (among other things). The collection agency has no liability to you personally until you dispute the reporting to the credit reporting agencies that are reporting the information (which may not be all three of the major players). There are a handful of attorneys that handle these matters and I recommend you contact one of us to discuss further and guide you in disputing the proper way (as if it is not fixed, your remedy is to sue in federal court for relief).See question
Verizon sent me a bill that was wrong and refused to fix it, I even have supporting evidence. They stopped answering the BBB complaint and have taken it to collections which has ruined my credit. They are unprofessional and rude. This is also the ...
You need to dispute the reporting on your credit report(s). If Verizon fails to fix it after you have properly disputed it with the credit reporting agencies, then you will have remedies under the Fair Credit Reporting Act ("FCRA"). It is a two-step process, first the dispute, then a lawsuit if necessary. The FCRA is complicated, but has numerous remedies for violations. I recommend you contact an attorney well-versed with the FCRA to assist with the disputes, as well as any lawsuit if not corrected.See question
I have been summoned to court for a spousal support hearing next month. My husband has stated that he will have multiple witnesses present to testify on his behalf. Is this a common occurrence or is he just trying to intimidate me? Can someone pl...
It is not clear what kind of hearing you are having (Juvenile Court Spousal hearing, support hearing during a divorce, post-divorce modification, etc.); however, your instincts to hire counsel are good to ensure you are best prepared and protected. There are different procedures/laws dealing with all three scenarios (and others if exist).
Depending on the nature of the hearing and the specific facts of your case, you may want to subpoena documents, witnesses, or issue discovery and if the hearing is next month, time is running out. You should seek experienced counsel in the Tidewater area to review your case.See question
Do I get part of 401k or part of money from cashed in life insurance policy . Is there anything I'm entitled to. I am tired of the mental abuse.
Generally all property obtained during the marriage is classified as "marital", meaning that you would be entitled to a portion of same. A 401k or cash remaining from a life insurance policy would normally fall within those areas.
Divorces can quickly get complicated and the laws related to classification and division of property aren't the easiest to navigate without assistance. You also have to consider debts, spousal support, and other issues. I recommend you seek legal counsel in the Tidewater area to discuss your particular situation, as every case is different.See question
My wife and I are separated (not legal yet) and she has filed papers for complaint for divorce with the local circuit court. We have 3 children that I am definitely keeping on my insurance, but since she had 2 affairs already, I don't want to con...
I recommend you hire counsel, especially as your wife has already filed a divorce complaint. There is no "formal" separation through the courts in Virginia - legal separation is defined as when the married parties are living separate and apart with at least one of them having the intention for that to be permanent. You have 21 days from being served with the Complaint to file an answer and you can also file a Counterclaim with your own grounds (such as the adultery you allege she's committed). You can also then be able to address all the other issues, such as custody, visitation, child support, insurance costs, etc. It can get very complicated, very quickly.See question
My daughter has been residing in NJ for about 10 months now. Custody was establish here in VA. His financial situation has changed and living situation has changed as well and its not for the good either. I want to amend the custody. Who has juris...
If I understand the factual scenario, the last court order was custody in Virginia, you still live in Virginia, but the child and her father lives in New Jersey (she's been there for about 10 months). If this is all accurate, then Virginia still has jurisdiction under the UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act). The father could ask that the case be moved to New Jersey claiming that Virginia is an convenient forum and (assuming New Jersey is similar to Virginia), the child has lived there for 6 months or more; however, that would normally be a short time to ask for such a change (usually happens after a longer period has elapsed since the child left the original state).
I recommend you hire counsel to review the situation more closely, as each case is factually specific and you may end up fighting over jurisdiction in addition to the custody petition (which you'll need to show a material chance of circumstances first and then that the best interests of your daughter is to change the existing order).See question
When calling her father to give him notice, he gets furious and says I cannot take her out of state. He is no part of her life so I do not see why it matters to him What do I have to do
Assuming you have a Virginia order giving you custody, all that the law usually requires (absent something contrary in the Order or some accompanying document such as a Separation Agreement incorporated into the Order), is that you give 30-days' written notice to the Court and to the father that you are moving and provide intended address. Your Order should have that language in it. If the father objects, he can file in Court to change custody or visitation to address and then it will be your burden to show it is in the child's best interest for the relocation. Relocation cases can be complicated and I advise seeking counsel given father's verbal objections which may signal impending litigation.
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his father is in the military will the courts most likely select him for custody because of his income.
Although one of the 10 factors the Court considers when determining custody and visitation is the preference of the child, the age and mental capability of the child is considered in that analysis and while there is no set age at which a child's preference automatically kicks in, 9 would normally be too young. That being said, every case requires an analysis of the totality of circumstances and just because his father makes more money doesn't mean that he'll get custody - this isn't usually the factor the court turns on at all. The factors can be found here: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-124.3
I recommend you seek legal counsel from an experienced family law attorney in the Tidewater area to review the specifics of your case and help you moving forward.See question