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Family Law Archives

Options for Obtaining Financial Support

When a marriage breaks up, often the most significant, and time-urgent, issue involves the establishment of a flow of money from one spouse/parent to the other. Whether you are dealing with monthly support for minor children, or monthly support for a spouse, or both, it is crucial to know the various options that are available to get the monthly income started.

How Fault Grounds May Affect the Outcome of a Divorce

When we speak about fault grounds in divorce, we are typically speaking of adultery, desertion, cruelty and constructive desertion. While there are others, such as incarceration for a felony for more than one year, they are far less common and usually very fact-specific. Given the prevalence of the more common grounds, we can more easily observe the trends and tendencies that accompany them.

The Role of a "Parent Coordinator"

When divorce breaks up a family and minor children are involved, resolving issues of custody and visitation tend to be at the forefront of everyone's minds, and the focus of everyone's efforts. Once those issues are decided, whether by agreement between the parents, or determined by a judge, divorcing parents tend to exhale, and direct their concerns to issues of support and asset division. In reality, however, they have only scratched the surface when it comes to addressing disputes involving their children.

Documenting Your Separation

The date upon which you and your spouse separate and cease living together as a married couple can have significant implications in your divorce. The date of separation affects when you may be able to file for divorce as well as what property may be considered marital or separate. It is therefore a good idea to ensure that you can prove exactly when you and your spouse separated.

Use of a Psychological Evaluation in Custody Cases

Consider this common scenario: The parties have been married for 15 years but have now separated and are pursuing a divorce. They have two (2) children, a 10-year old boy, and a 7-year old girl. Mom claims that dad has anger issues, and a violent temper; directed both to her, and to the children on occasion, although he has never physically abused any of them. Dad is quick to become frustrated with mom and/or the children; screams at them; slams doors; punches walls and will throw things, all of which is frightening to mom and the children.

Determining Income for Child Support

A Virginia Court determining a parent's child support obligation is required by law to first apply Virginia's statutory formula to the parties' incomes (and other variables) to arrive at presumptive calculations. To do so, the Court utilizes the parties' gross incomes, as opposed to their post-tax or "disposable" incomes. But what is considered "income" for this calculation?

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