Effective legal representation is essential to protect your rights. Potential and mandatory penalties for a DUI are extensive and increase in severity with respect to repeat offenders, aggravating circumstances, and heightened blood alcohol content. First Offense Jail of up to 12 months authorized. 12 months loss of license-restricted license permitted in certain circumstances. Court fine […]
DUI charges and DWI charges are brought pursuant to Va. Code 18.2-266. DUIs are classified as a Class 1 misdemeanor crime. The Commonwealth bears the burden to prove that the defendant (1) operated a vehicle while the defendant’s blood alcohol content (BAC) was .08 or greater or, (2) operated a motor vehicle while impaired by […]
The complexity and high stakes nature of child support and other Family Law matters require skilled legal representation. The multitude of issues involved extend far beyond the FAQs herein. An initial consultation is the absolute minimum step that a party should take to learn what their rights are and how to protect them. Contact the Law […]
(i)The death of the payor or payee, (ii) the remarriage of the payee, (iii) upon clear and convincing evidence that the payee has been habitually cohabiting with another person in a relationship analogous to a marriage.
Maybe. You will need to consult with an attorney to determine whether your specific obligation maybe modifiable or terminated. However, generally, if the spousal support award was made by the court (not by an agreement of the parties precluding or not providing for modification) then the court should have the jurisdiction to modify the award […]
A finding of adultery will bar a party from spousal support unless to deny such support would constitute a “manifest injustice.”
When a court awards “permanent” support (such as in the case of a long-term marriage), the support is to be paid until modified by the court or until certain termination events occur. Defined duration support is as the term suggests-spousal support to be paid for a time certain.
The court has the power to “impute” income to a party who is voluntarily underemployed or unemployed. Most commonly, but not always, a vocational expert should be utilized to provide the evidence needed. Successful imputation of income can dramatically mitigate or preclude the amount and/or duration of spousal support.
Spousal support may be awarded in varying circumstances to assist a financially dependent party. Issues involved in determining spousal support depend on key factors such as: (a) gross incomes of the parties, (b) need and ability to pay, (c) length of a marriage, (d) standard of living during the marriage, (e) the roles of the […]
The complexity and high stakes nature of child support and other Family Law matters require skilled legal representation. The multitude of issues involved extend far beyond the FAQs herein. An initial consultation is the absolute minimum step that a party should take to learn what their rights are and how to protect them. Contact the Law […]
In the absence of an agreement to re-calculate child support, a party may have to file a motion to modify child support on the grounds that work related child care is no longer used and as such a material change in circumstances has occurred warranting a modification of child support.
In the absence of an agreement to re-calculate child support based on proper disclosures, a party may have to file a motion to modify child support upon information and belief that the other party’s income has increased and therefore a material change in circumstances has occurred warranting a modification of child support. After the motion […]
Maybe. The Court maintains jurisdiction to determine child support initially and thereafter to re-visit the issue upon a “material change in circumstances”.
The court has the power to “impute” income to a party who is voluntarily underemployed or unemployed. Most commonly, but not always, a vocational expert should be utilized to provide the evidence needed.
Presumptive child support obligations are largely determined by Virginia’s statutory support guidelines. However, the court’s have the authority to “deviate” from the guidelines based on many factors. The most critical variable for calculating child support include (i) number of children, (ii) gross incomes of the parties, (iii) which party is the custodian of the child,(iv) […]
The complexity and high stakes nature of family law matters require skilled legal representation. The multitude of issues involved extend far beyond the FAQs herein. An initial consultation is the absolute minimum step that a party should take to learn what their rights are and how to protect them. Contact the Law Office of William R. […]
In making a decision as to who is awarded visitation (and the terms thereof), the Court will be guided by the “best interests of the child” legal standard. Many legal elements and factual factors impact determinations under the foregoing standard. Visitation arrangements are tailored to fit the unique circumstances of a particular child and the […]
Pursuant to Virginia Code 20-124.6, all parents are entitled to medical records (with or without the other parent’s authorization). Click on this link to read Virginia Code 20-124.6.
Joint custody is a custodial arrangement wherein both parties confer and jointly make important decisions regarding the child. A party having sole custody is not legally required to consult with the other party in making decisions relating to a child. However, even in a sole custody scenario, a party may have the courts intervene in […]
In making a decision as to which party should be awarded custody, the Court will be guided by the “best interests of the child” legal standard. Many legal elements and factual factors impact determinations under the foregoing standard. Custody may be awarded “jointly” or “solely.” In the absence of an agreement, the court will also […]
The complexity and high stakes nature of property in divorce and other Family Law matters require skilled legal representation. The multitude of issues involved extend far beyond the FAQs herein. An initial consultation is the absolute minimum step that a party should take to learn what their rights are and how to protect them. Contact the […]
There are many options (including but not limited to): A party can petition the court to award an injunction (pendente lite) to safeguard assets until the final divorce hearing. A party can also claim assets purchase with marital resources as marital property. Additionally, for those resources spent for which there are no assets to recover, […]
Maybe. If the pension was accrued during the marriage (and prior to date of separation), then the date of marriage to date of separation value of the pension is likely marital property. However, the court cannot award more than 50% of any pension to the non-pensioner.
There is no presumption in Virginia that property is to be divided 50/50 in divorce. In fact, in dividing the assets, the court must consider the negative “monetary” and “non-monetary” contributions of each party to the marriage. As a result, the court can award a disproportionate share of property to one party or the other.
There are many options (but not limited to) that parties can agree to short sale the home, sell the home and cover the cost of the shortfall, maintain the home for a time with the hopes that its value may increase with the agreement that it will then be sold or refinanced, or (if a […]
