Question:
I petitioned the court to have child support lowered. The other day I received an interrogatory paper from the mother
Jun 07, 2004
Question:
Can I move if their is nothing in the court systems. I want take my child out of state with me.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. In most states your Divorce Decree determines if you can move without the express consent of the other parent. However some states under law do not allow you to move unless you have the other spouse's consent. I suggest you review your Decree and perhaps consult with a local attorney to be sure prior to your move.
Apr 07, 2004
Question:
I do not want a divorce, but want to go to counseling. If my wife chooses to leave, do I have to give her financial support after she leaves? The way I see it is she is deserting me and I am already providing her a home and vehicle. I have gave her no grounds to file for a divorce. We have 2 children and she would not be able to leave me and provide a home for the children on her income. I do not want her to leave. Our home would be open to her to return to at anytime. I would allow her to take her vehicle if she choses to leave without my conset, but do not want to support her in this decision. I want her to try counseling before a seperation and divorce is considered. I know I can not stop her from leaving, but don't want her to leave. Can I prevent her from taking the children. I already provide a good home for her and the children.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. Generally you will not be able to stop a divorce from happening. Counseling will not be required. Until something (Divorce Petition) is filed, each of you have an equal right to the children. Meaning she could move out with the children. You will need to take immediate action in the courts if she tries to move out and take the children. I suggest consulting with an attorney now so that you will be prepared when and if this occurs.
Nov 29, 1999
Question:
I have a current order that says that I am to pay my former spouse $350 a month for child support. This is to the penny based on what the guidelines show that I should pay in Virginia. This does take into account what I pay for my son's health insurance also. My higher paying job was done away with in March 2005 and I started a new job the very next week I was released from my management position. I was released because sales were slow for the business and the owner saw it necessary to let me go (high salary) and for him to manange our stores himself. I am on a set "training pay" for 6 months then I will be on commission only. My set pay shows that I should pay quite a bit less and then, taking into account what I pay for my son's health insurance, now makes it even a little less. What I need to know is since we will not be in court until the end of this year and I cannot afford to pay the $350 a month since I do not have the "present ability to comply" due to my lower paying job for now, can I faithfully pay her what would be required by the guidelines and keep myself from getting in trouble for not obeying the current order that says I should pay $350 a month? Thanks for your items I purchased form the Dads Store. It has helped me quite a bit.
Answer:
I suggest that you make all arrangements to make the payment of $350.00 per month. It could jeopardize your case if you are in contempt of court when you try to modify the child support amount. However, if you absolutely do not have the money pay as much as possible. Do not under any circumstances not pay any amount of support.
Nov 29, 1999
Question:
If my divorcing spouse gets half of the marital share of my 401k, shouldn't I seek an incentive (such as extra cash) in our settlement agreement to make up for the possible "lost opportunity cost" (future value) of the monies being taken out of my 401K?
Answer:
I first will preface this answer by stating I am not licensed in Virginia. The laws pertaining to property division will vary from state to state so you should always consult an attorney licensed in your state. The simple answer to your question is NO. Property is not divided based on its future value. Property is usually valued as of date of filing or date of final hearing or somewhere in between. If you want to keep your 401(k), offer her other assets i.e. cash or property. You do not have to divide every debt and every asset 50/50. You can take on more debt in exchange for more property etc.
