I have a "final custody agreement," but the father is taking me back to court, to amend it. Is it not really "final"?
Michael's answer
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Answered on December 17, 2018
A final order is final in the sense that all the present issues before the court have been resolved, and the matter can be appealed.
Matters...
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Can my child's father use his show cause summons hearing to testify against me?
Michael's answer
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Answered on December 13, 2018
A rule to show cause is a quasi-criminal proceeding. So, the presentation of the case should be more closely confined to what is alleged in the...
Archived
Retroactive reimbursement for child support after filing for modification?
Michael's answer
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Answered on December 13, 2018
Retroactive application is discretionary for modifications. "Except as provided by § 20-110, no support order may be retroactively modified, but...
Archived
How to repeal a custody order?
Michael's answer
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Answered on December 10, 2018
Va. Code § 16.1-296. Jurisdiction of appeals; procedure.
"A. From any final order or judgment of the juvenile court affecting the rights or...
Can non-custodial parent move without giving custodial parent, or court, notice?
Michael's answer
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Answered on December 10, 2018
Va. Code § 20-124.5. Notification of relocation.
In any proceeding involving custody or visitation, the court shall include as a condition of any...
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My ex got married and stated that her new husband makes enough that she doesn't have to work?
Michael's answer
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Answered on December 10, 2018
Va. Code § 20-108.1 and § 20-108.2 are the places to look.
Essentially, the court will calculate guideline support with her income at zero. Va....
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My husband and i signed a prenup before getting married.
Michael's answer
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Answered on December 10, 2018
Va. Code § 20-151. Enforcement; void marriage.
A. A premarital agreement is not enforceable if the person against whom enforcement is sought...
Unsure how my spouse should fill out the Acceptance/waiver of service of process & waiver of future service of process & notice?
Michael's answer
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Answered on December 07, 2018
You could bypass all this if your spouse will endorse the final order of divorce.
If you are using the Form CC-1406, para. 1 is...
Archived
Does a card mailed count as contact?
Michael's answer
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Answered on December 06, 2018
Va. Code § 63.2-1202 "H. No consent shall be required of a birth parent who, without just cause, has neither visited nor contacted the child for a...
Archived
Is my exwife entitled to half of my pension even though we were not married the entire time I worked for the government?
Michael's answer
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Answered on December 06, 2018
Property in a divorce is equitably divided per Va. Code 20-107.3.
There is no automatic 50% award (except for a limited few federal retirement...
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