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Michael David Thomas
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Michael Thomas’s Answers

278 total


  • 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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  • Can the bank take my 3 financed cars after chapter 7 if I make the payments

    I have 3 cars (older cars) financed at my local bank that I have dealt with for years. After the first of the year I am going to file Chapter 7, I think I owe more than they are worth. What are the chances that they will try to sell 1 or 2 of them...

    Michael’s Answer

    If the lien exceeds the car value then the trustee will have no interest in them. Now as you have heard some attorney's talk about reaffirmation agreements with regard to keeping your vehicles. You need to speak with your bankruptcy attorney but the Bankruptcy Court in Richmond has ruled that as long as you endorse the reaffirmation agreement but your attorney does not, then the reaffirmation agreement will not be enforced; however the creditor MAY NOT pick up your vehicle unless you fall behind on the payments. Basically, reaffirmation agreements are rarely ever in your best interests as a debtor and Congress in its glorious wisdom put in legislation that is really contrary to intent of the Bankruptcy Code. Bankruptcy is a way to give you a break not keep you burdened by debt.

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  • Do I have to get my spouse to sign the Final Decree of Divorce?

    Uncontested divorce, no children, no support, greater than one year separation. The complaint was filed, notice was served on my spouse by sheriff, and she did not file a response. She said she would sign a waiver of further process, but she did n...

    Michael’s Answer

    Her signature is not required but you must prepare the Final Decree, the appropriate affidavits or depositions to the support the final decree, VS-4 form, the confidential addendum ... in other words, you have to get an attorney to help you. you cannot do this alone. Please consult with an attorney to help you wrap your case up

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