Skip to main content
Michael David Thomas
Avvo
Pro

Michael Thomas’s Answers

282 total


  • Am I entitled to half my husband's insurance settlement if he files for divorce?

    He was involved in a car accident two weeks ago with the settlement forthcoming. He filed for divorce today, and after draining our savings account and contributing nothing to our family finances for the last five months, he stated that he has hi...

    Michael’s Answer

    A personal injury award would be considered separate property so you would not be entitled to half. However, his actions in "draining the savings accounts" will be considered in Equitable distribution (property settlement). In addition, based on your reference to "family of three" would seem to indicate you have a minor child, so child support maybe something else for you to consider. Therefore while you may not be able to directly pursue his personal injury award, I would advise you to sit down with an attorney in your area to sit what you may be entitled to

    See question 
  • My ex-husband is going from rich to possibly poor, should I re-write our vague divorce agreement? Can I make him pay for it?

    Currently he has expensive cars, house, and our daughter goes to an expensive private school.... Im basically interested in getting it in legal writing that he has to continue paying for the private school.

    Michael’s Answer

    Your question requires a little more information. You mention "ex-husband." Is there an existing separation agreement, Final Decree, or Child Support order? Absent some agreement to provide for private school, that is not something covered in a child support calculation. I would suggest sitting down with an attorney to discuss what orders or agreements that are in place now and what may be done.

    See question 
  • I'm looking for a lawyer to represent Daughter in appeal court. I need a quote.

    Fighting visitation of a astranged grandparent of deceased son. No contact has been in place for over 12 years. Daughter doesn't want to go. Court warranted every other weekend visitation to paternal grandmother. Husband adopted daughter on last ...

    Michael’s Answer

    It sounds like you have issues of adoption and visitation going on. Mother's new husband just adopted the child but an appeal has been filed. Visitation was awarded to grandmother?? Was that appealed too? I think you should consider making an appointment to discuss your case further to map out these details.

    See question 
  • Can my husband kick me out if my name is not on the lease?

    We are moving into a new apartment and my name isnt on lease

    Michael’s Answer

    As you are husband and wife, no spouse can evict the other. Eviction or unlawful detainer is the legal process of removing someone from your property. You both can go around and around about changing the locks on one another but no Court is going to let your husband evict you. NOW, having said that the landlord could evict you both if there is some false statement on the lease. Typically on a lease, tenant has to disclose who is living in the apartment. Failure to do this honestly could give the landlord reason to evict you both. Since you are saying you are moving into this new place. I would suggest disclosing this to the landlord and getting your name on the lease.

    See question 
  • I filed a no-contest divorce in VA, wife has decided to contest it with a counterclaim and I presume cross-claim

    I filed a no-contest divorce to which my wife filed an answer, counter-claim and what I believe to be a cross-claim. Do I address each statement in the counter-claim and cross claim with an answer? What she is asking for and accusing me of eithe...

    Michael’s Answer

    The short answer is yes. You need to file an answer to her counter or cross claim. this answer needs to address each of her allegations. This brings us to the real heart of the matter. While you may have desired a simple no-fault uncontested divorce, it sounds like you are in a contested fight, therefore I would strongly recommend consulting with an attorney. You will definitely need help on properly responding and you may need to amend your complaint. now that your wife is bringing all these issues, you need to protect yourself.

    See question 
  • Is there a case of grandparents getting custody after daughter dies? She was never married to child's father.

    She took an overdose of ibuprofen to delay the next days court hearing---child's already married father seeking custody, grandmother (me) supported mother and child 5 of the 8 years. Her delay did not work and she died in my arms because they we...

    Michael’s Answer

    I actually just litigated a case representing the grandmother where the Father has died. The standard is very high unless the father has been determined unfit or a prior order has divested the father of custody. I would strongly suggest sitting down with an attorney to discuss your options. Even though you supported the mother and child in the past, the case law weighs heavily toward the parent above a grandparent.

    See question 
  • How do I adjust child support on my current separation agreement?

    2014 tax return reflects my spouse's income was much higher than I was told. I would like the child support to reflect this change.

    Michael’s Answer

    The short answer is you can file to amend your child support. The question you face is how. If your child support has been entirely through the Division Child Support Enforcement (DCSE) you must go to them to request a review; If your existing support is based on a Court order then you must file a Motion to Amend requesting the Court to amend the prior order due to material change in income. I would suggest speaking and retaining an attorney to assist you through this process.

    See question 
  • How can I change my grandsons last name from father to mothers last name?

    My husband and I have raised our 7 1/2 yr old grandson since he was 3 months our daughter passed away Nov 21,2013 we want our grandson to have his mother's last name the father has not had anything to do with this child in over 3 years he has neve...

    Michael’s Answer

    You really need the father's consent to change the child's name. Have you considered adopting your grandchild? That way you and your husband would be the legal parents of the child.

    See question 
  • I had an affair with a married man which ended months ago. Can I be forced to testify, and if so, will I need a lawyer?

    I have had no contact with him in several months, but he has tried to contact me. They have continued to live as husband and wife since it ended, and now she is seeking a divorce.

    Michael’s Answer

    I agree with the previous responder to hire an attorney should you receive a subpoena. Adultery is still on the books as a crime in VA even though rarely enforced.

    See question 
  • I want to get a protective order against my ex, and we are in middle of custody battle. WIll it help or hurt?

    he makes me uncomfortable on pick up nad drop off, getting in my face, degrading me, talking down to me. Of course I can only imagine what my child is going through....very worried. I don't want to see my son less than I already do. But are ther...

    Michael’s Answer

    It sounds like you may need to address certain provision of your visitation order, specifically on barring the parties from degrading one another in the presence of the child. Also maybe an neutral location could be advantageous for you too. Please consider making an appointment to discuss your case and your existing order in more detail

    See question