Mary G. Commander’s Answers

Mary G. Commander

Norfolk Divorce / Separation Lawyer.

Contributor Level 16
  1. How can child support be changed? and will the custodial parent be informed.also is a lawyer needed

    Answered 5 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

  2. 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 5 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

  3. 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

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

    Answered almost 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

  5. 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 almost 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

  6. Is a QDRO when the divorce papers state that I will get 50%?

    Answered over 2 years ago.

    1. Mary G. Commander
    1 lawyer answer

    First, QDROs (Qualified Domestic Relations Orders) are entered by the court that granted the divorce. The case usually can be reopened to have one entered. Since you mentioned DFAS, however, it appears that you are dealing with a division of a military retirement. A QDRO is not required to divide a military retirement. This is done in the Final Decree of Divorce. In order to apply for direct payments, a former spouse must submit a completed Application for Former Spouse Payments from Retired...

    3 lawyers agreed with this answer

  7. My divorcecase is frozen after 5 years. lawyers haven't done anything to resolve it.and have filed to stop alimony 3 yrs ago.

    Answered over 2 years ago.

    1. Mary G. Commander
    2. Howard M Lewis
    3. Darren Marshall Hart
    3 lawyer answers

    Hire a new lawyer is the correct answer. The new lawyer can substitute in and hopefully bring this case to a conclusion. You will not obtain any relief through the federal court system. You need to find a lawyer and cooperate with that lawyer. Complaining about the court system-which admittedly is flawed-will not help. It is the only system that you have to work in and with. This means that you may have to do things that you do find to be personally acceptable because the law and the courts...

    3 lawyers agreed with this answer

  8. How can i get my children back? I live in va there in sc.

    Answered over 2 years ago.

    1. Mary G. Commander
    2. Jennifer E Mandell
    3. David Alexander Browde
    3 lawyer answers

    You would file a petition for custody in the Juvenile and Domestic Relations District Court where the children are.

    3 lawyers agreed with this answer

  9. My husband and I have been living in the same home but seperately for almost two years, no sex, is it ok to date.

    Answered over 4 years ago.

    1. Samuel J Kuzma
    2. Mary G. Commander
    2 lawyer answers

    Neither can "throw" the other out of the house. In Virginia, however, you still are legally married and adultery still is a crime so your "dating" could be a criminal offense and certainly grounds for divorce. Since the two of you are living like this anyway, it would seem prudent to discuss the terms of an uncontested divorce and the legal dissolution of the marriage.

    6 people marked this answer as helpful

  10. Can you file an emergency change in custody if the child's health is being ignored?

    Answered about 3 years ago.

    1. Mary G. Commander
    2. Michael Christopher Miller
    2 lawyer answers

    That would be a basis for changing custody, but I doubt that the court would find that it constitutes an emergency.

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