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...
The court order remains in effect until the judge enters a new court order. Filing a motion does not change a court order. If you fail to obey a court order, you can be held in contempt of court anf punished by fine or imprisonmement. Not a good idea.
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.
From a legal perspective, the advantages of marriage often can be achieved through other means-but these means also require a "piece of paper'. Through marriage, you acquire inheritance rights. Most of that can be achieved with a Will, but Wills can be changed and even if a spouse tries to disinherit the other one, they still are entitled to one-third of the deceased's estate if they are not separated. A spouse is the one who makes the medical decisions when you cannot. This can be achieved...