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Michael David Thomas
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Michael Thomas’s Answers

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  • My husband and his ex wife bought a timeshare while married. She won't buy his half or sign so they can sell and split the $.

    My husband and his ex wife bought a timeshare while they were married. It is a Joint Tenant with Survivorship. He doesn't want to keep the timeshare co-owned with her. She refuses to buy his half and she refuses to sign so they can sell and spl...

    Michael’s Answer

    Unfortunately this is what a divorce if for. To determine and / or divide marital property when the parties cannot agree. I am assuming they are not yet divorced.

    So he really needs to consider retaining counsel to determine the equitable distribution issue in the context of their divorce.

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  • Can I ask for sole custody after previous case was dismissed and NCP will not visit or give any contact info?

    I used to have joint custody, physical custody of my 3 year old. Case was dismissed when i asked for it to be continued because i couldn't take off work one day due to shortage of staff. Now we are starting over for custody. I want to ask for sole...

    Michael’s Answer

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    I would not advise being so concerned about "sole" custody. The real issue is always who has primary physical custody, because even with joint legal custody or sole custody, the court will still require both of you to provide each other changes to your address and will want you both to discuss major issues in the child's life. More importantly even if you have "sole" custody, he may still request visitation.

    What I really think you are trying to say is that you want to limit his visitation. So, definitely re-file to establish yourself as the primary custodian but make him file if he wants visitation. The Court will only hear what is before it, so if you file to determine custody only and he has not filed to request visitation... then he gets nothing, unless of course you agree otherwise.

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  • Divorce was just finalized. Whar are my options in paying without wage reduction?

    Have money in retirement accounts to set up some type of plan to pay child support.

    Michael’s Answer

    The custodial parent may still at anytime request a payroll deduction via DCSE. So you cant really stop this. So long as the custodial parent is happy with you paying directly that is great but you cant prevent the possibility of a payroll deduction

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  • Would my wife be held responsible for replacing my personal items during/after a divorce?

    I've been living in Virginia since August 12th of this year. My wife is in Georgia where we lived. I was dealing with family matters before I could return to get my personal belongings. When I last asked, I was told all of my things were thrown aw...

    Michael’s Answer

    Actually you need to address this to Georgia Attorney. Because you last lived together in Georgia then that is the proper venue to have this matter heard. So, I am not sure what Georgia law dictates, but if this were a Virginia matter, the courts would likely conclude that she is committing marital waste and have to compensate you for the loss

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  • When does child support stop in virginia when my son is already drawing a disability check each month?

    my son is 17 and a junior in high school so when does child support stop and my son draws a disability check each month

    Michael’s Answer

    • Selected as best answer

    Child support can terminate when the child is 18 and has graduated high school or when he turns 19 whichever occurs first. But I must stress the work CAN. Someone has to file to terminate the support or else it will continue. The Courts will not check back with you next year to see if your child graduated high school.

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  • Joint custody with my mother having physical custody. My mother is willing to give custody back.

    My mother has physical custody of my 11 year old daughter and 10 year old son living in FL. She wants to relinquish physical custody of my daughter to my wife and I. Are there any legal hurdles we need to go through?

    Michael’s Answer

    The other responder is correct that a motion to amend is needed but when the parties are in agreement that itself is the material change in circumstances. You definitely need an attorney to assist you. From doing enough cases in Virginia Beach, I can safely tell you that you will need an attorney to assist you. Typically what I do when there is an agreement is proceed to draft the agreement up and have the parties sign that so I can submit then new agreement with the Motion to amend.

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  • How do i approach this divorce and custody battle

    My wife and i had been married for almost 2 years. we have two children and were renting a condo. yes we had our ups and downs like all couples do, but on evening my wife approached me and informed me that she "no longer loved me, and no longer kn...

    Michael’s Answer

    I know you mentioned that you are low on funds but you must hire an attorney. What you are describing is simply irreconcilable difference and with minor children, requires one year of separation. You may take certain steps now , like filing to determine custody and visitation. Please consider making an appoint with an attorney in your area.

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  • Try to get a divorce , separated for a year and half, no house no financial issue but have a child not from my husband

    I am separated from my husband for more than a year I am 34 years old had no children try to get one with no success went to dr. to get an IVF my husband did not want so I left the house and get the IVF done with the help of a friend who also wan...

    Michael’s Answer

    It sounds like there are a couple issues here. First, the divorce. the child is "of the marriage" but not "of the parties." So you have to state that there is a child but it sounds like you are not attempting to acquire child support from your husband anyway. So you need to hire an attorney to file your divorce.
    After your divorce, since it sounds like the biological father did not sign an acknowledgement of paternity, I would suggest getting a custody order thereby creating a legal means of acknowledging who the father is without having to pay for a paternity test. Then you guys can change the name of the child at your local circuit court.

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  • I have just received a disorderly conduct charge and have yet to consult my court appointed attorney. What is usual procedure?

    I don't have a serious criminal background(no felonies-no jail time beyond a week-a DUI 10 years ago and some D.A. rejected charges) On the disorderly, I spent 3 days in jail before bonding out.I understand Commonwealths are different than other s...

    Michael’s Answer

    A couple things. First, laws do vary from state to state but don't get caught up in the name "commonwealth," that does not make any difference anymore, just a historical reference.
    Second, give your court appointed attorney a chance at least. It sounds like you have yet to meet him/her. Make an appointment and talk to them. You have a right to hire your own counsel but please talk to your attorney you have now. You may find out that you actually are happy with their opinion and representation on your case.
    Third, "having to plead guilty" No you do not "have to plead guilty." You may not have been an angel that evening but at the same time you may not be guilty of the crime charged. This again goes back to speak with your attorney before any rash decisions.

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  • For in-house separation in Virginia, can teenage children corroborate that parents are living separately?

    My husband and I have tried to keep our arrangement as private as possible and have not shared the arrangement with outsiders.

    Michael’s Answer

    VA does allow for a "in-house" separation but you need a witness to the separation. For a corroborating witness in a divorce proceeding, that witness needs to be over the age of 18. I know you want to keep things private but without corroboration you will not be successful. Ultimately though, you really need to consider someone moving out. If you and your spouse are serious about getting a divorce, then there needs to be a plan of moving forward with your SEPARATE lives. I realize the many time parties want to "get along" for the sake of the children but the inherent stress of the situation will only make things worse. Someone needs to move out and then whoever helps in the move out, family or friend, would then be an excellent witness to verify you guys are truly separate and apart.

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