Archived
When a order is set for child support does it go back and start from time initial petiton was filed or when amount is set?
Michael's answer
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Answered on February 21, 2014
For the initial determination, "Liability for support shall be determined retroactively for the period measured from the date that the proceeding...
Archived
Can child support be modified retroactively?
Michael's answer
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Answered on February 21, 2014
See Virginia Code § 20-112. Notice when proceedings reopened.
When the proceedings are reopened to increase, decrease or terminate maintenance...
Archived
How do I petition the Court to Authorize Removal of Child From Jurisdiction from GA & consider VA the home state?
Michael's answer
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Answered on February 19, 2014
With regard to the custody order, you would register the GA order in VA.
Va. Code § 20-146.26 is the relevant statute. You would file a for...
Archived
Can I file for divorce in NC even though I live in VA?
Michael's answer
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Answered on February 18, 2014
There are several jurisdictional hurdles to overcome. To file in Va. or NC, one of the parties must be a resident and domiciliary of the state of...
Archived
How do I obtain a divorce if I have not seen or heard from spouse in 10 over years? we lived in Linden VA for 6 days
Michael's answer
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Answered on February 18, 2014
You could file for divorce and serve by publication. There is a process where you coordinate with the court and a designated newspaper that...
Archived
Who has Jurisdiction on child support case if none of parties live in original state it was established?
Michael's answer
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Answered on February 17, 2014
When a state issues a child support order, that state retains exclusive and continuing jurisdiction to enforce and modify that order so long a...
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Archived
Can a lawyer argue for their client not to pay child support because there is an appeal on the final custody order?
Michael's answer
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Answered on February 12, 2014
Va. Code 8.01-676.1(D) says "Suspension of execution in decrees for support and custody; injunctions. - The court from which an appeal is sought...
Archived
Can my ex come after me for the taxes/penalties that she had to pay from her settlement from my 401K?
Michael's answer
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Answered on February 11, 2014
Tell her to have her legal authority that gave the advice provide that explanation on their firm's letterhead for your review.
If the agreement...
Archived
My ex-wife is appealing a final custody hearing that gave me sole custody; can I lose my sole custody?
Michael's answer
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Answered on December 03, 2013
If the appeal is from the juvenile and domestic relations district court to the circuit court, then you get a new trial (trial de novo) before a...
Does second job count as income for child support, if I got it to supplement my income due to arrears?
Michael's answer
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Answered on November 22, 2013
Va. Code § 20-108.2(C)
"Gross income" shall not include:
. . .
4. Income received by the payor from secondary employment income not...
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