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.
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
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...
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 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.
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
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...
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 detailSee question
Child is 18 months old, both parent separated when child was 2 weeks old. The father lives 50 miles away in another state. There are no criminal records between the two parents. Mother looks after child for all his needs wake him up, put him to be...
First, there are two type of custody Legal and Physical. Of these two types of custody there is Sole, Joint or Shared. The most common Custody orders will say Joint Legal with Primary Physical to one party. The Physical Custody is where you need to focus. Who has been the primary care giver for the child. What roles have each of you played in the upbringing of your baby. Due to Father's limited contact with the baby, it sounds like you have a strong case for primary physical custody. I realize he evidently fighting to have the magic word "joint" in there some where. But when it comes to legal custody whether it says JOINT OR SOLE, you both will have to provide notice of address changes and the Court will tell you that you both need to communicate for the best interest of the child and you both will be allowed access to medical or educational records. I would suggest sitting down with a local attorney in your area to assist you with this case. To hopefully propose you having primary physical custody and working out some visitation for the Father.See question
my husband received custody of my daughter 2 19 14 she been residing in NJ for over 9 months. He received custody dye to they said i had a prior child abuse history but i hired a lawyer and found out they had to rule out & rescinded what they sai...
You mentioned that the case is in Yorktown and you make a reference to 2 19 14. I am assuming what you are trying to say is that on February 19, 2014 in York JDR that Court granted custody to your husband. since that date your child has been living with him in New Jersey. So now the issue of Motion to Amend and Transfer. I do not believe you will be successful to transfer the case to Newport News as the child is not living here and has not lived here for some time. The proper venue for a custody dispute is here the child has resided for the previous 6 months or where the last order was entered.See question
He says he always has to work and lives in a different state. We have been living separated for three years and have been married for 4. We initially agreed to get the divorce and everything, but now he is not returning the paper work I need to ...
As the other responders mention you need to hire an attorney. Your husband does not need to sign the decree. You need to get him served and then if he fails to respond then you can proceed without his cooperation.See question
During a divorce, can you ask the court to rule on only the assets you can't agree on (or will a court only look at the whole enchilada and then you risk having to divide or sell something you didn't want to divide or sell)?
If you both have counsel, your respective attorneys will typically inform the Court that what is at issue or what has been agreed upon. This usually entails a written agreement. Now many times though, parties will get close to a complete verbal agreement on all issues but then the last few issues unravel the successful agreement in which case does force the Court to rule on the "whole enchilada." The lesson hear is lock in what you agree to in writing and reserve the few remaining issues in writing. This will not leave anything to chance when you go before the Court. Did I mention get the agreement in writing?See question
Ex-spouse is planning to move out of state to live with her boyfriend with our 2 children (9 & 7 years old).
You absolutely do need an attorney immediately. You mention ex-spouse so I am assuming that you are divorced. So what were the terms of your divorce decree? We really need to see the prior order to see where we stand. I hope your prior order had a provision about no overnight guests of the opposite sex. Of course with regard to the relocation of your children you can object to that but by doing so you are saying that you desire for the kids to stay with you. This entails making sure your are appropriately prepared to take custody. Are you living with someone? Does your home have sufficient space for 2 kids? What school are you zone for? These are but a few of the questions that you need help preparing for.
As the other responder mentioned, you may go to the Juvenile & domestic relations district court and file your own motion to amend or petition to revisit the custody issue but it would be much wiser to have an attorney help you do that. If you are truly serious about addressing this issue then take the time and money to hire someone with the expertise to achieve your goals.See question
Was dropped by spouse they claimed the qualifying event was legal separation which is not true, there is no such thing in Virginia
Employers can drop a spouse off health insurance. Quite often employers will use a "legal separation" as a qualifying event. The problem is legal separation is not something that you have to file for. If you no longer live with your spouse, don't go out together, don't pay bills together, don't have dinner together, with the expressed desire for a divorce, then you are legally separated. This is why it is very common for an attorney to ask the court for an Pendente Lite hearing. To settle issues that need addressing while the divorce is pending. Like preventing one spouse from dropping another off health insurance.See question