Spousal support in Virginia is not a punishment for wrongdoing by a spouse , so his adultery alone would not justify a support award. Instead, spousal support is based primarily on one party's need and the pther party's ability to pay.
Spousal support can be awarded in the Juvenile and Domestic Relations District. This court uses a statutory formula for calculating support. The statute provides:
A. There shall be a presumption in any judicial proceeding for pendente lite spousal support and...
Divorce is a difficult and emotional process. It is typical for a client to be scared AND confused. Much of the problem is not legal in nature and cannot be handled exclusively by lawyers. It is for that reason that all parties in divorce and/or custody cases should have some contact (the amount needed is determined on a case by case basis) with a counselor or therapist. this will help the parties deal with the often unreasonable expectations and fears.
Also, lawyers know how things SHOULD be...
At this point, there are no court orders. This means that either of you can take whatever you want. You may have to account for it later however. You can go to court and get an Order keeping him from disposing of marital property.
Since the PSA states that the amount is modifiable, she could be awarded a different amount based upon proof of changed circumstances.
There is no "cap" on final divorce support awards.
She is bound by the PSA as to the duration of the support.
At 18 he "legally" is an adult with all of the rights and responsibilities that come with it. You have the right to tell him that if he wants to stay in your house, he has to follow your rules. If he refuses, you can evict him.
You can schedule a hearing to have the contract (which is what the Agreement is) be made into a court Order and then have it enforced by contempt. You also no longer need to have court hearings for uncontested divorces. Virginia authorizes the use of Affidavits effective July 1, 2012. Your money would be well spent to consult with a lawyer.
If the case is being heard in New York, then they are applying New York law. Under Virginia law, the court can award support from the date of filing forward. It cannot go back before the date of filing for support. The relationship between the parent and child, however, has no bearing on the duty to provide support.