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Genene Elizabeth Gardner

Genene Gardner’s Answers

32 total

  • Uncontested divorce with no children

    i am seeking an uncontested divorce. there are no children between us and i have moved away from marital home. do i have to file now for the 6 month waiting period to officially start or do i file after 6 months of living apart?

    Genene’s Answer

    The clock is ticking on your separation. In order to file for a divorce after living separate and apart for six months you have to have a written agreement and no minor children. After you have lived separate and apart for six months and have a notarized separation agreement you may file for an uncontested divorce.

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  • My boyfriend was just served with a show cause notice to appear in court in Virginia, please help us!

    My boyfriend was just served with a show cause notice to appear in court in Nelson County Virginia. His ex wife is accusing him of breaking their custody agreement by not showing up with their daughter at their designated meeting place on their c...

    Genene’s Answer

    It sounds like you took advice from a G.A.L. by purchasing a coke at the meeting place in order to be able to track that he was there at a certain time. A show cause is serious because being held in contempt of a court order can ultimately be punished by incarceration. I highly recommend that your boyfriend hire an attorney to represent him in the show cause.

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  • My ex pays arrearages for two adult children and my minor gets nothing. if i file does he still have to pay for the adults too?

    My ex pays arrearages for two adult children and my minor gets nothing. if i file does he still have to pay for the adults too? He is finally working after years of unemployment and I dont want to put him in a situation where he cannot afford to...

    Genene’s Answer

    First of all I believe it is important to make sure you are asking your family law question to a person that has experience in family law. If you file a petition for child support he would have to pay the support for your minor child and he would have to continue to make payments on the arrears. Child support is court ordered and if he does not fulfill his obligation you can pursue a show cause against him for failure to comply with the court orders. However you do not have to pursue a show cause if you choose not to harm him financially.

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  • Will I have to pay alimony to incapacitated ex wife?

    After 15 years of marriage and a bitter divorce/custody dispute, my wife had a recent psychotic breakdown, diagnosed paranoid schizophrenic and Munchausen's by proxy, and I have been awarded custody of our 4 children. While she had the children i...

    Genene’s Answer

    You need to look at your divorce decree and if had one a separation agreement. If you reserved the issue of spousal support then she could petition the court for spousal support. If she waived spousal support then you would not likely have to pay support. She needs to pay you child support. There is a minimum amount of child support that the court will order even if a parent is indigent, incarcerated or ill. The minimum amount is $65.00 per month. If your wife is receiving disability the court will base the child support on that amount of income for purposes of the calculation.

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  • Any method to enforce alimony/child support payments so they are on time?

    Currently separated, haven't filed any legal paperwork. Do have a notarized marital separation agreement drafted without legal assistance stipulating money is direct deposited every Friday. Has been late four times so far, keep sending reminders. ...

    Genene’s Answer

    When you have been separated for at least one year you may file for an uncontested divorce and your separation agreement will become part of your final decree. When your final decree is entered by the court you may then file a show cause against your ex husband if he continues to violate the agreement. You would file the show cause in the Juvenile and Domestic Relations Court in the jurisdiction referenced in your final decree.

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  • Married less then a year, can anyone file for spousal support

    I've been married less then a year and my spouse, who makes more money then I do, is threatening me when spousal support. Is that possible

    Genene’s Answer

    The court looks at several factors laid out in Va. Code sec. 20-107.1(E) when determining if there should be an award of spousal support. Length of the marraige is one of them. You have a short term marriage. Also the court looks at both parties' income and expenses. If your spouse makes more money than you do then the court would not likely award spousal support. The spouse with the higher income is at risk of possibly being ordered to pay support. Your spouse's threats are just that, threats intended to scare you. It would not hurt to seek the advice of an attorney so they may show you the entire list of factors and lay out your options for separation and divorce.

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  • Can i sue a woman for having an affair with my husband and breaking up my marriage

    she know he was married and keep right o seeing him until she taklked him into leaving me

    Genene’s Answer

    No. Virginia does not have an avenue for this kind of action. The state that I know of that specifically allows you to sue a paramour for "aienation of affection" is North Carlina. You may be able move forward with a divorce based on adultery. You should seek legal counsel for information on your options.

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  • Termination of Parental Rights in va

    what is the easiest way to terminate my parental rights? My daughter lives with her father who has full legal and primary custody. I adopted her when we were married.

    Genene’s Answer

    There is no petition you can file in order to terminate your parental rights. It is against public policy. A court may terminate your parental rights in extreme cases.

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  • Cohabitation-consecutive days any other rules

    Ex-wife has had a boyfriend for approximately 3 years. He has been living with her for 2 of those years. He will stay with her for 5 days then skip a day. She feels that if he doesn't stay with her for 60 consecutive days that that will not co...

    Genene’s Answer

    You may certainly petition the court to end spousal support. The question however is whether your support was a result of a separation agreement or a court order in the final decree. If your spousal support was part of a separation agreement and the agreement stated the support would end upon cohabitation analogous to marriage then you would need to prove that your ex spouse is cohabitating analagous to marriage by a preponderance of the evidence. If your support was ordered by the court under the Code of Virginia 20-107.1 then you must prove that your ex spouse is cohabitating analogous to marriage by clear and convincing evidence. Clear and convincing evidence is a higher burden of proof. Either way you have to show that the two are ("living together continuously, or with some permanency, mutually assuming duties and obligations normally attendant with a marital relationship); Frey, 14 Va.App. at 275. The court will look to see if there is a common residence, an intimate or romantic relationship, financial support in the relationship, and an indication that the relationship has some permanency. The court could certainly find that the relationship you are describing is one that is analogous to marriage even though he does not stay every night.

    You definately need to seek counsel in reference to your situation.

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  • What are the chances of going to jail being 7000 behind on child support in a show cause hearing in the state of Virginia?

    I am 7000 behind on child support and already have had my license suspended due to this. I havent really been in touch with the child support enforcement, I know I should have but it was neglect on my part. I havent been able to find a job, the ...

    Genene’s Answer

    Child support is awarded to care for your child. Your child needs food, shelter, and clothing. The court is very strict with enforcement of child support. If you are behind on a court order for child support and are found in contempt of the court order you will likely be sentenced to jail for up to a year with what is called a purge amount on your sentence. The court may decide what your purge amount is based on the circumstances of your case. For instance a judge could sentence you to twelve months in jail with a purge amount of $3,000.00 In that circumstance you would serve your time in jail until you can pay the purge amount. A person other than yourself may pay the purge amount for instance a family member or friend. While you are serving your sentence you may qualify for work release in which case you would work while in jail and that income would go toward your purge amount. The best chance you have of not being sent to jail is to come to court with as much of the delinquent child support as possible. The child's mother has a right to appear at the show cause because she is a party to the case.

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