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Mary G. Commander
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Mary Commander’s Answers

1,183 total


  • Can I get alimony now that child support has been cut drastically?

    Alimony was denied 2 yrs ago but it turns out child support was calculated incorrectly. I am now no longer getting child support and he makes 70% of the joint income used to determine who gets/pays what.

    Mary’s Answer

    An attorney would need to review the court documents to answer this. For example, if there was a Final Divorce Decree that denied spousal support 2 years ago, then you cannot now receive support. The result could be different if we are dealing with a temporary order in the Circuit Court or an Order from the Juvenile and Domestic Relations District Court.

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  • Can my ex relocate our children to another country without my approval? The fear is that she will do so while I am deployed.

    I received a letter from my ex-wives attorney stating that her husband had taken orders to Okinawa, Japan and I should consider this letter an official notice pursuant to Virginia Code 20-124.5. Can she move them out of the country without my appr...

    Mary’s Answer

    If she has given the statutory notice of a planned relocation, you need to go to the court that has jurisdiction and file a Petition for Custody based on this change of circumstances.

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  • Can I get make-up time for child visitation if father wants child on my weekend?

    I have visitation of 5-year-old child with court order. Bio dad has full legal/physical custody Child was living with me last year while mom incarcerated. I am not related. Twice since 12/2013 court date the dad has asked if they can pick her ...

    Mary’s Answer

    You get make up time if there is an agreement to it. You can make the change of week-end contingent upon the make up time. Otherwise, you can insist on literal compliance with the terms of the visitation order.

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  • How do I get my name legally on my sons birth certificate

    My girlfriend and I are parents, however, she was legally married as well as separrated at the time to someone else. The hospital would not file my name as the father because she was still married. How can I get the birth certificate changed? Her ...

    Mary’s Answer

    You can file to establish paternity in the Juvenile and Domestic Relations District Court where the child lives. Once that has been done, you can get a new birth certificate.

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  • If a charge is nolle prosequi, can I use that against my Ex-wife in change of custody hearing.

    Other parent has 3 felonies (two being nol pros) and 4 class 1 misdemeanors. (dui, refuse breath, assault, possession)

    Mary’s Answer

    Charges that are nolle prossed would not be considered by the court. If you know the facts surrounding the incidents, then there can be testimony about what happened. This could be relevant, depending on the facts.

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  • Does marriage supercede a will in VA?

    My partner and I created a will about 10 years ago in Va. We just married, but VA doesn't recognize our marriage.

    Mary’s Answer

    The marriage has no effect on a Will.

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  • Will I go to jail for failure to appear?

    I received a failure to appear on a child support review hearing that I filled against father. When we went to court for the custody hearing I had to drop the petition because of family issues. I thought it also dropped the child support petitio...

    Mary’s Answer

    Since you can receive jail time, you may qualify for the services of a court appointed attorney.

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  • Can I get an expungement on a domestic assault after pleading no contest in 1997

    Plead no contest took anger management classes for 6 months and then went back to court and charge was dismissed.

    Mary’s Answer

    If a domestic violence case was dismissed after a finding under advisement, by statute, it cannot be expunged.

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  • Child support information?

    Originally, when my ex-husband and I got divorced, he refused to fill out or submit the Income and Expenses paperwork, even though I provided that information on myself. Because of this, figuring out child support for our daughter was especially d...

    Mary’s Answer

    You can open a case with the Division of Child Support Enforcement. They do periodic reviews and have access to a great deal of earnings information.

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  • I signed a seperation agreement a year ago with my ex knowing we wouldnt use it. Now shes trying to file it in court.

    I had to pay her 500 to sign i have emails saying its void. It wasnt notirized but was witnessed. I made teh mistake and didnt fully read it now shes trying to instate it a year later and i want to contest it.

    Mary’s Answer

    Separation Agreements do not need to be notarized.
    They are contracts and can be set aside only if you have a valid contract defense.

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