Dannenbaum Law Firm, PLLC

January 2019 Archives

What should I Do If I Lose My Job or Am Fired From My Job? Can I Reduce My Child Support or My Spousal Support?

If you lose your job, the first thing you should do is to call your family law lawyer. Do not delay. Why? Because you may be able to file a motion with the court to reduce your support obligation. If you are successful in getting a court to reduce your support, your reduced support amount may be made retroactive to the date that you served the person receiving support with your motion. Therefore, you should file the motion as soon as possible so that you can have your reduced support payments made retroactive. Every day you wait to file the motion is one day more that you have to pay the current support amount.

Can You Reduce Child Support If You Were Fired From Your Job?

If you are fired from your job, you can file a motion with the court asking to reduce your child support payments. Whether the court will reduce your child support depends, in part, on the reason why you were fired. If you were fired for cause or misconduct at your job, then the court may not reduce your child support. I will summarize a recent Virginia case where the court did not reduce the child support amount for a father who was fired from his job through his own negligence.

Prenuptial agreements result in greater financial awareness

When the subject of marriage arises, divorce might feel like an inappropriate topic. Divorce remains a possibility, however, and negotiating a prenuptial agreement could help a couple understand their financial position and priorities. The act of creating a contract that could guide the division of property in the event of a divorce requires Virginia couples to disclose their assets and debts and decide who gets what.

Can The Amount Of Child Support Determined By The Child Support Guidelines Be Rebutted In Virginia?

Yes. Virginia's child support formula or guidelines are used to calculate an amount of child support that is the presumptive child support amount. But that presumptive amount is rebuttable. The court has discretion to use a different child support amount than that calculated by the formula or guidelines. The Court has discretion to deviate from that child support amount.

How Does The Court Decide The Amount Of Spousal Support Or Alimony?

In Virginia, spousal support or alimony is determined by a Court using the following factors which are set forth in the spousal support statute, called Virginia Code Section 107.3. I will quote the statute's factors. A court is bound to consider the follow factors below.

Factors To Consider In Support Of Moving Your Children.

If you want to move your children out of the school district, city, county, state, or country, you better have some good reasons. Courts look skeptically of parents who want to move the kids away from the other parent. Judges scrutinize your motives. Are you moving because you believe it will improve the quality of life for your children while being able to maintain contact with the other parent? Or are you moving to get away from the other parent? Are you moving to reduce the time and involvement of the other parent with the children? This can be proven by evidence of your being cooperative with the other parent and that the moving party has demonstrated a willingness to make all efforts to substantially maintain the relationship between the kids and the non-moving party. The moving party has encouraged the non-moving party to see the children. The moving party has kept the non-moving party informed of the child's school, medical, extra-curricular activities. If the moving parent has a history of good faith , then the court will most likely be more receptive to the party seeking to move the children.

Legal Custody - Different Types Of Legal Custody

I have discussed two types of legal custody. Recall that legal custody means which parent makes major decisions relating to the children. There is sole legal custody in which one parent makes major decisions relating to the children and the other parent has no input into the decision. Then, there is joint legal custody where both parents must make major decisions relating to the children together and one parent cannot make the decision on his or her own.

Legal Custody

I have discussed two types of legal custody. Recall that legal custody means which parent makes major decisions relating to the children. There is sole legal custody in which one parent makes major decisions relating to the children and the other parent has no input into the decision. Then, there is joint legal custody where both parents must make major decisions relating to the children together and one parent cannot make the decision on his or her own. Finally, I discussed seeking a professional's help in decision making.

Couples that don't match in looks may be more likely to divorce

Virginia residents who are married may want to take a good look in the mirror. Experts say that attractiveness matters in marriage, especially if one spouse is significantly more attractive than the other. Research has shown that men who marry women who are "out of their league," or physically more attractive than their husbands, are at higher risk of winding up divorced.

Parents may come to custody terms outside courtroom

As you know, a great deal of effort goes into parenting. While you may have had the other parent for help and support when needed, you know that arrangement is going to change now that you have decided to divorce. Still, if you and the other parent can work amicably together, you may have the chance to create a parenting plan that works for both of you and the kids.

How Can You And Your Ex Resolve Custody Matters? Part 2 of 2

You and your spouse should work diligently to resolve custody matters so that you can avoid a court custody battle. But how can the two of you resolve custody issues if you have never done it before? In the last blog, I discussed the process of sitting down with your spouse In this blog, I will address retaining an expert in child related matters.

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