Archived
I live in Virginia and my spouse will be receiving money from a lawsuit. Am I entitled to half of that money?
Michael's answer
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Answered on December 03, 2012
" c. In the case of any personal injury or workers' compensation recovery of either party, the marital share as defined in subsection H shall be...
Can military allowances (BAH and BAS) be excluded from child support calculations in VA? What Code specifies the exclusion?
Michael's answer
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Answered on December 03, 2012
"For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries,...
Archived
Can my ex-wife move our 6 year old to Germany due to her marrying a military man?
Michael's answer
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Answered on November 28, 2012
You need to file a petition to modify your existing custodial arrangement and a motion to enjoin relocation ASAP. You have less than a week to get...
Archived
Responsible for 50% of daycare cost?
Michael's answer
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Answered on November 28, 2012
There are 3 components to guideline child support: the base amount, work-related daycare costs, and health insurance expenses. The base amount is...
Archived
How do you get a closed child custody case moved from Kansas to Virginia?
Michael's answer
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Answered on November 16, 2012
The Uniform Child Custody Jurisdiction and Enforcement Act, UCCJEA, has been adopted by all states in very similar form. So, Kansas laws are...
Archived
My ex has lived with her boyfriend and now "fiance" for over a year and I want to see if i can terminate spousal support?
Michael's answer
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Answered on November 14, 2012
You may want to recheck your agreement and your decree of divorce. For the past 10 years or so, by Va. Code 20-109, spousal support may stop upon...
Archived
I have docket call to set trial date, what time frame may I ask for to complete discovery. It is going to require a lot of paper
Michael's answer
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Answered on November 14, 2012
For discovery, take the trial date and subtract 30 days for a discovery cutoff, meaning all discovery must be completed 30 days before trial so...
Archived
My husband is petition for a divorce. His lawyer sent me a letter with incorrect dates and info.
Michael's answer
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Answered on November 08, 2012
If you choose to participate in the case and not challenge jurisdiction, you could submit the correct information in your answer. His complaint and...
Archived
Is there anything law binding me to Child Support os to pay for college after my daughter graduates high school?
Michael's answer
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Answered on November 01, 2012
Child support in Virginia "will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not...
Archived
If you have been separated for 2 years and been paying child support and have had a verbal agreement with spouse.
Michael's answer
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Answered on October 23, 2012
As with many legal answers, it depends. If you want a divorce only, i.e., no property division, etc., then you do not need to have an agreement....
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