Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. How should I handle this situation?? Ex making demands for child support.

    Answered about 2 years ago.

    1. Mary G. Commander
    2. H. Eugene Oliver III
    3. Philip Douglas Cave
    3 lawyer answers

    To obtain a Protective Order there needs to be some threat of physical harm to you, so this would not appear to be an option. Get the child support and let him file for custody (which usually is a bluff anyway). Your child has a right to that support.

    Selected as best answer

  2. Do I have to return my daughter to the Custodial parent if I think abuse is happening? I have joint/legal custody

    Answered about 1 month ago.

    1. Mary G. Commander
    2. Anneshia Miller Grant
    3. Andrew Russell Page
    3 lawyer answers

    You can call Child Protective Services. They will investigate and have the power to remove children in cases that are appropriate. Without CPS involvement, you must comply with the existing court orders.

    3 lawyers agreed with this answer

  3. Does a Separation Agreement expire if you get back together again for a period, then decide that divorce is inevitable later on?

    Answered about 2 months ago.

    1. Andrew Russell Page
    2. Mary G. Commander
    3. Kevin Reese Pettrey
    3 lawyer answers

    Most Separation Agreements have a reconciliation clause in them. An Agreement is a contract that becomes a court order at the time of the divorce. It does not "expire".

    3 lawyers agreed with this answer

  4. What type of lawyer should I seek for ,I would like to file an appeal for the child custody case.

    Answered 5 months ago.

    1. Mary G. Commander
    1 lawyer answer

    Is this an appeal from the Juvenile and Domestic Relations District Court to the Circuit Court? If so, you probably want a Child Custody lawyer. Appellate lawyers generally handle cases in the Court of Appeals and Supreme Court.

    3 lawyers agreed with this answer

  5. Hi I have a child support case in a couple days and im waiting for my school loan check. I need a continuance.

    Answered 7 months ago.

    1. Mary G. Commander
    2. Thomas Bryan Dance
    3. Deborah Ann Johnson Wilson
    4. Rixon Charles Rafter III
    4 lawyer answers

    Go to court and ask the judge for a continuance. Explain your circumstances.

    3 lawyers agreed with this answer

  6. How can child support be changed? and will the custodial parent be informed.also is a lawyer needed

    Answered 7 months ago.

    1. Mary G. Commander
    2. David Paul Morgan
    3. Deborah Ann Johnson Wilson
    4. Thomas Bryan Dance
    4 lawyer answers

    Unless the decree provides separate amounts for each child (which would be unusual), he has to return to court to have support recalculated, and a new Order entered. He would file a Motion to Amend support.

    3 lawyers agreed with this answer

  7. My 13 yr old daughter is unhappy living with her mother who is abusive towards her and no one will believe her and we are in va

    Answered 7 months ago.

    1. Mary G. Commander
    2. David Paul Morgan
    2 lawyer answers

    You can file a petition for custody in the Juvenile and Domestic Relations District Court. The wishes of the child is one of the factors that the court can consider in making a custody determination. The court also will appoint a Guardian Ad Litem to serve as an attorney for the child. That attorney will conduct an investigation and will make a report to the court.

    3 lawyers agreed with this answer

  8. Child support - should i continue to pay while motion to reduce is pending? What happens if i do not?

    Answered over 1 year ago.

    1. Mary G. Commander
    2. James Hill Wilson Jr.
    2 lawyer answers

    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.

    3 lawyers agreed with this answer

  9. I have a sepperation agreement signed by both parties and the judge. Can I petition to have my alamony reduced ?

    Answered about 2 years ago.

    1. Mary G. Commander
    2. H. Eugene Oliver III
    3. Jennifer E Mandell
    3 lawyer answers

    It can be changed ONLY if either she agrees or there is a provision in the Agreement that permits it to be modified. Even if the Agreement permits modification, you still would have to show a material change of circumstances since you agreed to it. I am assuming in answering this that you do not have some legal defense to the validity of the entire Agreement ( such as fraud, duress) and that you just made a bad deal. Courts make adults live with their bad deals. They make a consultation with a...

    3 lawyers agreed with this answer

  10. I'm going to a seperation, and my wife left me while I was on military duty. I am trying to pay for my house, and I'm going to

    Answered about 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    First, any money put into the TSP during the marriage is marital property that is subject to division in a divorce. That is the reason that the TSP Board requires the spouse's signature. You can go to court and seek entry of an Order.

    3 lawyers agreed with this answer