Remarriage Spousal Support Cease Loudoun Virginia Law 20-110

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Remarriage Shall Cause Spousal Support/Maintenance To Cease In Loudoun – Virginia Lawyers

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Virginia

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LOUDOUN VIRGINIA LAWYERS – MARRIAGE & DIVORCE

Va. Code Ann. §20-110

§ 20-110. Maintenance and support for a spouse to cease on remarriage.

If any former spouse to whom support and maintenance has been awarded shall thereafter marry, such support and maintenance shall cease

as of the date of such marriage. The spouse entitled to current support shall have an affirmative duty to notify the payor spouse immediately of such remarriage.

Failure of such spouse to notify the payor shall entitle the payor to restitution equal to the amount of any current support and maintenance paid after the date of the

remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

LOUDOUN VIRGINIA-MAINTENANCE AND SUPPORT FOR SPOUSE TO CEASE ON REMARRIAGE

Virginia Statute

Provisions

Va. Code Ann. §20-110Maintenance and support for a spouse to cease on remarriage If any former spouse to whom support and maintenance has been awarded shall thereafter marry, Such support and maintenance shall cease as

of the date of such marriage.

  1. The spouse entitled to current support shall have an affirmative duty to notify the pay or spouse immediately of such remarriage.
  2. Failure of such spouse to notify the pay or shall entitle the pay or to restitution equal to the amount of any current support and maintenance paid after

    the date of the remarriage, together with interest from the date of the remarriage and reasonable attorney’s fees and costs.

Remarriage Shall Cause Spousal Support/Maintenance To Cease In Loudoun – Virginia Lawyers

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Divorce Virginia Law Loudoun Resident 20-97

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Divorce Residency Requirements In Loudoun Virginia

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LOUDOUN VIRGINIA- DIVORCE, AFFIRMATION AND ANNULMENT STATUTE WITH TABLE

Va. Code Ann. 20-97

20-97. Domicile and residential requirements for such suits

No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide

resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit; nor shall any suit for affirming a marriage be

maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.
For the purposes of this section only:

  • If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a

    period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a

    bona fide resident of this Commonwealth during such period of time.

  • Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed

    or residing upon a ship having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which the United States

    enjoys exclusive federal jurisdiction.

  • Any member of the armed forces of the United States or any foreign service officer of the United States who (i) at the time

    the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six

    month period immediately preceding his being stationed in such territory or country, shall be deemed to have been domiciled in and to have been a bona fide resident of

    the Commonwealth during the six months preceding commencement of a suit for annulment or divorce.

  • Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have

    been caused under such circumstances as would entitle the wife to a divorce or annulment.

LOUDOUN VIRGINIA- DOMICILE AND RESIDENTIAL REQUIREMENTS

Virginia Statute

Description

Conditions

Va. Code Ann. 20-97 Conditions for annulling a marriage or for divorce suit One of the parties is and has been an actual bona fide resident and domiciliary of the Commonwealth for at least six months preceding the

commencement of the suit

Va. Code Ann. 20-97 Conditions to be satisfied for any suit affirming a marriage One of the parties be domiciled in, and is and has been an actual bona fide resident of the Commonwealth at the time of bringing such

suit.

Va. Code Ann. 20-97(1) When a member of the armed forces is presumed to be domiciled in and to have been a bona fide resident of the Commonwealth A member of the armed forces of the United States has been stationed or resided in the Commonwealth and has lived for a period of six

months or more in this Commonwealth next preceding the commencement of the suit.

Va. Code Ann. 20-97(2) When a member of the armed forces is considered to be stationed or residing in the Commonwealth It includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in the

Commonwealth or at an air, naval or military base located within the Commonwealth over which the United States enjoys exclusive federal jurisdiction.

Va. Code Ann. 20-97(3) When a member of the armed forces shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth

during the six months preceding commencement of a suit for annulment or divorce.

A member of the armed forces

  1. At the time the suit is commenced is, or immediately preceding such suit was, stationed in any territory or foreign country and
  2. Was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country,
Va. Code Ann. 20-97(4) Upon separation of the husband and wife, the wife may establish her own and separate domicile, though the separation may have

been caused under such circumstances as would entitle the wife to a divorce or annulment.

Divorce Residency Requirements In Loudoun Virginia

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Loudoun Divorce Process Virginia Law 20-99.2

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Process For A Divorce In Loudoun – Virginia Lawyers

Process For A Divorce In Loudoun Virginia

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Va. Code Ann. 20-99.2.

20-99.2. Service in divorce and annulment cases

  • In any suit for divorce or annulment or affirmation of a marriage, process may be served in any manner authorized under 8.01-

    296 or 8.01-320.

  • Any such process served prior to July 1, 1984, shall not be invalidated solely because service was made as prescribed under

    8.01-296.

Virginia Statute

Description

Conditions

Va. Code Ann. 20-99.2.divorce and annulment In any suit for divorce or annulment or affirmation of a marriage. Process may be served in any manner authorized under 8.01-296 or 8.01-320.
Any such process served prior to July 1, 1984. Shall not be invalidated solely because service was made as prescribed under 8.01-296.

Process For A Divorce In Loudoun Virginia

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Divorce Pendente Lite Loudoun Virginia Law 20-103

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Pendente Lite For A Divorce In Loudoun Virginia

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Virginia Code 20-103. Court may make orders pending suit for divorce, custody or

visitation, etc.

  • In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of

    16.1-241, the court having jurisdiction of the matter may, at any time pending a suit pursuant to this chapter, in the discretion of such court, make any order that

    may be proper (i) to compel a spouse to pay any sums necessary for the maintenance and support of the petitioning spouse, including (a) an order that the other spouse

    provide health care coverage for the petitioning spouse, unless it is shown that such coverage cannot be obtained, or (b) an order that a party pay secured or

    unsecured debts incurred jointly or by either party, (ii) to enable such spouse to carry on the suit, (iii) to prevent either spouse from imposing any restraint on the

    personal liberty of the other spouse, (iv) to provide for the custody and maintenance of the minor children of the parties, including an order that either party or

    both parties provide health care coverage or cash medical support, or both, for the children, (v) to provide support, calculated in accordance with 20-108.2, for any

    child of the parties to whom a duty of support is owed and to continue to support any child over the age of 18 who meets the requirements set forth in subsection C of

    20-124.2, (vi) for the exclusive use and possession of the family residence during the pendency of the suit, (vii) to preserve the estate of either spouse, so that it

    be forthcoming to meet any decree which may be made in the suit, or (viii) to compel either spouse to give security to abide such decree. The parties to any petition

    where a child whose custody, visitation, or support is contested shall show proof that they have attended within the 12 months prior to their court appearance or that

    they shall attend within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court except

    that the court may require the parties to attend such seminar or program in uncontested cases only if the court finds good cause. The seminar or other program shall be

    a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and

    financial responsibilities. Once a party has completed one educational seminar or other like program, the required completion of additional programs shall be at the

    court’s discretion. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in 20-124.1.

    The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be charged. Whenever

    possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have attended the educational

    seminar or other like program. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available.

    Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program shall be

    admissible into evidence in any subsequent proceeding.

  • In addition to the terms provided in subsection A, upon a showing by a party of reasonable apprehension of physical harm to

    that party by such party’s family or household member as that term is defined in 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may

    enter an order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling. In any case where an order is entered under

    this paragraph, pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period in excess of 15 days

    from the date the order is served, in person, upon the person so excluded. The order may provide for an extension of time beyond the 15 days, to become effective

    automatically. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order. Nothing in this

    section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed appropriate, after a

    hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period not to exceed six

    months.

  • In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may

    enter an order providing for custody, visitation or maintenance pending the suit as provided in subsection A. The order shall be directed to either parent or any

    person with a legitimate interest who is a party to the suit.

  • Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in

    accordance with the standards set out in Chapter 6.1 ( 20-124.1 et seq.). Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon

    as possible to the local police department or sheriff’s office which shall, on the date of receipt, enter the name of the person subject to the order and other

    appropriate information required by the Department of State Police into the Virginia crime information network system established and maintained by the Department of

    State Police pursuant to Chapter 2 ( 52-12 et seq.) of Title 52. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be

    certified, forwarded and entered in the system as described above.

  • E. An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating

    the underlying cause

Virginia Statute

Description

Orders that can be made

Virginia Code 20-103(A) In suits for divorce, annulment and separate maintenance, and in proceedings arising under subdivision A 3 or subsection L of 16.1-241

orders can be made.

The Court may make order:

  • To compel a spouse to pay any sums for the maintenance and support of the petitioning spouse, including providing health care coverage or paying secured or

    unsecured debts incurred jointly or by either party,

  • To enable such spouse to carry on the suit,
  • To prevent either spouse from imposing any restraint on the other spouse’s personal liberty
  • To provide for minor children’s custody and maintenance including providing health care coverage or cash medical support, or both, for the children,
  • To provide support, calculated in accordance with 20-108.2, for any child of the parties to whom a duty of support is owed and to continue to support any

    child over the age of 18 who meets the requirements set forth in subsection C of 20-124.2,

  • For the exclusive use and possession of the family residence during the pendency of the suit,
  • To preserve the estate of either spouse, so that it be forthcoming to meet any decree which may be made in the suit, or
  • To compel either spouse to give security to abide such decree.

 

Conditions:

  1. In custody, visitation, or support petition parties should have attended within the 12 months prior to their court appearance or that they shall attend

    within 45 days thereafter an educational seminar or other like program conducted by a qualified person or organization approved by the court. If good cause is found,

    the Court may order the [arties in uncontested case also to attend such program.

  2. The seminar or other program shall be a minimum of four hours in length and shall address the effects of separation or divorce on children, parenting

    responsibilities, options for conflict resolution and financial responsibilities.

  3. Once a party has completed such seminar or program, the required completion of additional programs shall be at the court’s discretion.
  4. Parties under this section shall include natural or adoptive parents of the child, or any person with a legitimate interest as defined in 20-124.1.
  5. The fee charged a party for participation in such program shall be based on the party’s ability to pay; however, no fee in excess of $50 may be

    charged.

  6. Whenever possible, before participating in mediation or alternative dispute resolution to address custody, visitation or support, each party shall have

    attended the educational seminar or other like program.

  7. The court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available.
  8. Other than statements or admissions by a party admitting criminal activity or child abuse, no statement or admission by a party in such seminar or program

    shall be admissible into evidence in any subsequent proceeding

Virginia Code 20-103(B) Upon a showing by a party of reasonable apprehension of physical harm to that party by such party’s family or household member as that

term is defined in 16.1-228, and consistent with rules of the Supreme Court of Virginia, the court may enter certain orders.

An order excluding that party’s family or household member from the jointly owned or jointly rented family dwelling may be entered by the

Court.

Conditions:

  1. Where an order is entered pursuant to an ex parte hearing, the order shall not exclude a family or household member from the family dwelling for a period

    in excess of 15 days from the date the order is served, in person, upon the person so excluded.

  2. The order may provide for an extension of time beyond the 15 days, to become effective automatically.
  3. The person served may at any time file a written motion in the clerk’s office requesting a hearing to dissolve or modify the order.

Nothing in this section shall be construed to prohibit the court from extending an order entered under this subsection for such longer period of time as is deemed

appropriate, after a hearing on notice to the parties. If the party subject to the order fails to appear at this hearing, the court may extend the order for a period

not to exceed six months.

Virginia Code 20-103(C) In cases other than those for divorce in which a custody or visitation arrangement for a minor child is sought, the court may enter an

order.

Order providing for custody, visitation or maintenance pending the suit as provided in subsection A.The order shall be directed to either

parent or any person with a legitimate interest who is a party to the suit

Virginia Code 20-103(D) Procedure regarding the orders:

  1. Orders entered pursuant to this section which provide for custody or visitation arrangements pending the suit shall be made in accordance with the

    standards set out in Chapter 6.1 ( 20-124.1 et seq.).

  2. Orders entered pursuant to subsection B shall be certified by the clerk and forwarded as soon as possible to the local police department or sheriff’s

    office which shall, on the date of receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State

    Police into the Virginia crime information network system established and maintained by the Department of State Police pursuant to Chapter 2 ( 52-12 et seq.) of Title

    52.

  3. If the order is later dissolved or modified, a copy of the dissolution or modification shall also be certified, forwarded and entered in the system as

    described above.

Virginia Code 20-103(E) An order entered pursuant to this section shall have no presumptive effect and shall not be determinative when adjudicating

the underlying cause

Pendente Lite For A Divorce In Loudoun Virginia.

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Divorce Custody Support Children Loudoun Virginia Law 20-107.2

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Divorce & Custody And Support Of Minor Children In Loudoun  – Virginia Lawyers

Divorce & Custody And Support Of Minor Children In Loudoun Virginia

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§ 20-107.2. Court may decree as to custody and support of minor

children.

Upon entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from

bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient

concerning the custody or visitation and support of the minor children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order

that either party or both parties provide health care coverage or cash medical support, or both.

Virginia Statute Description Conditions
Virginia Code § 20-107.2 In certain circumstances upon entry of a decree, the court may make such further decree as it shall deem expedient concerning the custody

or visitation and support of the minor children of the parties including an order that either party or both parties provide health care coverage or cash medical

support, or both.

Upon entry of a decree providing for the following:

  • for the dissolution of a marriage,
  • for a divorce, whether from the bond of matrimony or from bed and board,
  • that neither party is entitled to a divorce, or
  • for separate maintenance, the court may make such further decree as it shall deem expedient concerning the custody or visitation and support of the minor

    children of the parties as provided in Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, including an order that either party or both parties provide health care coverage

    or cash medical support, or both

Divorce & Custody And Support Of Minor Children In Loudoun Virginia.

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Violation Court Order Custody Visitation Loudoun Virginia Law 18.2-49.1

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Charged With Violating A Court Order Regarding Custody/Visitation Defense In Loudoun – Virginia Lawyers

There are many different penalties for Violating A Court Order Regarding Custody/Visitation charges in Loudoun Virginia.

If you have been charged with Violating A Court Order Regarding Custody/Visitation in Virginia, contact our law firm

immediately for help.

Violating A Court Order Regarding Custody/Visitation Defense In Loudoun Virginia

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Va. Code Ann. §18.2-49.1

§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty

A. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a

child’s parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child

is withheld outside of the Commonwealth, is guilty of a Class 6 felony.

B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a

clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense.

Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third

violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.

VIOLATION OF COURT ORDER REGARDING CUSTODY AND VISITATION; PENALTY

Virginia Statute

Description

Penalties

Va. Code Ann. §18.2-49.1.KIDNAPPING AND RELATED OFFENSES. Any person, who knowingly, wrongfully and intentionally withholds a child from either of a child’s parents or other legal guardian in a

clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth.

Class 6 felony.
Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation

of a court order respecting the custody or visitation of a child

First violation Class 3 misdemeanor
Second violation within 12 months of a first conviction Class 2 misdemeanor,
Third violation occurring within 24 months of the first conviction Class 1 misdemeanor.

Violating A Court Order Regarding Custody/Visitation Defense In Loudoun Virginia

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Child Support Spousal Support Factors Loudoun Virginia Law

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If you need help with a child/spousal support case in Loudoun Virginia, our firm can help you.

Virginia Code 20-108.1 provides the factors the court considers when awarding child/spousal support in Loudoun Virginia.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Virginia, call us for help.

§ 20-108.1. Determination of child or spousal support.

  • A. In any proceeding on the issue of determining spousal support, the court shall consider all evidence presented relevant to any issues joined in that

    proceeding. The court’s decision shall be rendered based upon the evidence relevant to each individual case.

  • B. In any proceeding on the issue of determining child support under this title or Title 16.1 or Title 63.2, the court shall consider all evidence

    presented relevant to any issues joined in that proceeding. The court’s decision in any such proceeding shall be rendered upon the evidence relevant to each individual

    case. However, there shall be a rebuttable presumption in any judicial or administrative proceeding for child support, including cases involving split custody or

    shared custody, that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to

    be awarded. Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action

    with any court provided the complainant exercised due diligence in the service of the respondent or, if earlier, the date an order of the Department of Social Services

    entered pursuant to Title 63.2 and directing payment of support was delivered to the sheriff or process server for service on the obligor.

In order to rebut the presumption, the court shall make written findings in the order, which findings may be

incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall

state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be

determined by relevant evidence pertaining to the following factors affecting the obligation, the ability of each party to provide child support, and the best

interests of the child:

    1. Actual monetary support for other family members or former family members;
    2. Arrangements regarding custody of the children, including the cost of visitation travel;
    3. Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when

      a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that

      any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment

      decisions made by the party;

    4. Debts of either party arising during the marriage for the benefit of the child;
    5. Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct

      payments for the benefit of the child;

    6. Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
    7. Any special needs of a child resulting from any physical, emotional, or medical condition;
    8. Independent financial resources of the child or children;
    9. Standard of living for the child or children established during the marriage;
    10. Earning capacity, obligations, financial resources, and special needs of each parent;
    11. Provisions made with regard to the marital property under § 20-107.3, where said property earns income or has an income-earning potential;
    12. Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
    13. A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
    14. Such other factors as are necessary to consider the equities for the parents and children.
  • In any proceeding under this title or Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have

    the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or both, for dependent children

    if reasonable under all the circumstances and health care coverage for a spouse or former spouse.

  • In any proceeding under this title, Title 16.1 or Title 63.2 on the issue of determining child support, the court shall have

    the authority to order a party to (i) maintain any existing life insurance policy on the life of either party provided the party so ordered has the right to designate

    a beneficiary and (ii) designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the party so ordered

    has a statutory obligation to pay child support for the child or children.

  • Except when the parties have otherwise agreed, in any proceeding under this title, Title 16.1 or Title 63.2 on the issue of

    determining child support, the court shall have the authority to and may, in its discretion, order one party to execute all appropriate tax forms or waivers to grant

    to the other party the right to take the income tax dependency exemption for any tax year or future years, for any child or children of the parties for federal and

    state income tax purposes.

  • Notwithstanding any other provision of law, any amendments to this section shall not be retroactive to a date before the

    effective date of the amendment, and shall not be the basis for a material change in circumstances upon which a modification of child support may be based.

  • Child support payments, whether current or arrears, received by a parent for the benefit of and owed to a child in the

    parent’s custody, whether the payments were ordered under this title, Title 16.1, or Title 63.2, shall not be subject to garnishment. A depository wherein child

    support payments have been deposited on behalf of and traceable to an individual shall not be required to determine the portion of deposits which are subject to

    garnishment.

  • In any proceeding on the issue of determining child or spousal support or an action for separate maintenance under this title,

    Title 16.1, or Title 63.2, when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in controversy, the court in which the action

    is pending, upon the motion of any party and for good cause shown, may order a party to submit to a vocational evaluation by a vocational expert employed by the moving

    party, including, but not limited to, any interviews and testing as requested by the expert. The order may permit the attendance of the vocational expert at the

    deposition of the person to be evaluated. The order shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing

    the report with the court and furnishing copies to the parties. The court may award costs or fees for the evaluation and the services of the expert at any time during

    the proceedings. The provisions of this section shall not preclude the applicability of any other rule or law

Statute Topic Description
Va. Code § 20-108.1(A) Evidence to be considered in determining spousal support The court shall consider all evidence relevant to any issues and each individual case.
Va. Code § 20-108.1(B) Evidence to be considered in determining child support The court shall consider all evidence relevant to any issues and each individual case.Conditions:

  1. In all cases including cases involving split custody or shared custody there shall be a rebuttable presumption that the amount of the award resulting from

    the application of the guidelines set out in § 20-108.2 is the correct amount to be awarded.

  2. Liability for support shall be determined retroactively for the period measured from the date of filing of action provided the respondent was properly

    served or, from the date the Department of Social Services’ order directing payment was delivered to the sheriff or process server for service on the obligor.

Va. Code § 20-108.1(B) Conditions to be satisfied for rebutting the presumption that the amount of the award resulting from the application of the guidelines set out in § 20-108.2 is the

correct amount to be awarded

Written findings in the order that the application of such guidelines would be unjust or inappropriate in a particular case.Written finding should state

  • the amount of support that would have been required under the guidelines,
  • a justification of why the order varies from the guidelines, and

shall be determined by relevant evidence pertaining to the factors affecting the obligation, the ability of each party to provide child support, and the best interests

of the child

 

Va. Code § 20-108.1(B) Factors affecting the obligation, ability of the party to provide child support and best interests of the child 1. Actual monetary support for other family members or former family members;2. Arrangements regarding custody of the children, including the cost of visitation

travel;3. Imputed income to a party who is voluntarily unemployed or under-employed;Income may not be imputed

  1. when a child is not in school
  2. child care services are not available and the cost of such child care services are not included in the computation

when there is a change in a party’s employment imputed income shall be evaluated by considering the party’s good faith and reasonableness of employment decisions

4. Either party’s debts arising during the marriage for child’s benefit;

5. Court ordered direct payments for life insurance coverage maintenance pursuant to subsection D, education expenses, or other court-ordered direct payments for

child’s benefit;

6. Extraordinary capital gains such as capital gains resulting from the marital abode’s sale;

7. Any special needs of a child resulting from any physical, emotional, or medical condition;

8. Child’s independent financial resources;

9. Child‘s or children’s standard of living established during the marriage;

10. Each parent’s earning capacity, obligations, financial resources, and special needs ,

11. Provisions made with regard to the marital property under § 20-107.3, where said

property earns income or has an income-earning potential;

12. Parties’ tax consequences including claims for exemptions, child tax credit, and child care credit for dependent children;

13. A written agreement, stipulation, consent order, or decree between the parties which includes child support amount; and

14. Such other factors as are necessary to consider the equities for the parents and children.

 

Va Code § 20-108.1(C) Health care coverage The court shall have the authority to order either party or both parties to provide health care coverage or cash medical support, as defined in §63.2-1900, or

both, for dependent children if reasonable and health care coverage for a spouse or former spouse.

Va Code § 20-108.1(D) Maintaining life insurance The court shall have the authority to order a party to(i) Maintain any existing life insurance policy on either party’s life provided the party so ordered has the

right to designate a beneficiary and(ii) Designate a child or children of the parties as the beneficiary of all or a portion of such life insurance for so long as the

party has a statutory obligation to pay child support.

Va Code § 20-108.1(E) Execution of tax forms or waivers Except where agreement exists on issue of child support, the court shall have the authority to order one party to execute all appropriate tax forms or waivers to

grant the other party the right to take the income tax dependency exemption for any tax year or future years, for parties’ child or children for federal and state

income tax purposes.

Va Code § 20-108.1(F) Effect of amendment to this section Amendments to this section shall not have retroactive effect, and shall not be the basis for a modification of child support.
Va Code § 20-108.1(G) Child support payments not to be subjected to garnishment Current or arrears child support payments shall not be subject to garnishment.
Va Code § 20-108.1(H) Vocational evaluation by a vocational expert. Vocational evaluation by a vocational expert is ordered including, but not limited to, any interviews and testing as requested by the expert, court may award costs

for the evaluation and services of the expertConditions to be satisfied:

  1. In any child or spousal support proceeding when the earning capacity, voluntary unemployment, or voluntary under-employment of a party is in

    controversy,

  2. upon the motion of any party and for good cause shown,

The order will be on the following terms:

  1. It may permit the attendance of the vocational expert at the deposition of the person to be evaluated.
  2. It shall specify the name and address of the expert, the scope of the evaluation, and shall fix the time for filing the report with the court and

    furnishing copies to the parties.

If you are seeking an experienced attorney to help you with a child/spousal support case case in Loudoun Virginia,

call us for help.

A Sris
Sris Law Group
1-703-278-0405

Divorce Virginia Loudoun Law

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Divorce In Loudoun – Virginia Lawyers

If you are facing a divorce in Loudoun Virginia, you need an experienced attorney to guide you. First and foremost, we

have to determine the basis for a divorce. Our Loudoun Virginia attorneys have the knowledge and experience to assist you with your divorce in Loudoun Virginia.

Once we have an opportunity to discuss your divorce case with you, we will let you know the procedure for filing for a divorce and

papers required to file the divorce.

Contact us for help with your divorce in Loudoun Virginia.

The following is the statute that addresses the grounds for a divorce in Loudoun Virginia.

GROUNDS FOR DIVORCE IN LOUDOUN VIRGINIA:

§ 20-91. Grounds for divorce from bond of matrimony; contents of decree.

A. A divorce from the bond of matrimony may be decreed:

(1) For adultery; or for sodomy or buggery committed outside the marriage;

(2) [Repealed.]

(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one

year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon

granted to the party so sentenced shall restore such party to his or her conjugal rights);

(4), (5) [Repealed.]

(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned

the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

(7), (8) [Repealed.]

(9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and

without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties,

born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived

separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of

this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or

after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds

for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no

committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where

otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court

of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.

(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to

support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or § 20-95.

B. A decree of divorce shall include each party’s social security number, or other control number issued by the

Department of Motor Vehicles pursuant to § 46.2-342.

A divorce from the bond of matrimony (a vinculo matrimonii).

Virginia Statutes Sub-section Divorce from the bond of matrimony:(Complete and Absolute divorce) Grounds
Va. Code § 20-91 § 20-91(1) 1. Adultery,
§ 20-91(1) 2. Sodomy or Buggery Committed outside the marriage
§ 20-91(3) 3. Felony Conviction Felony Conviction for more than one year, and cohabitation has not been resumed after knowledge of such confinement
§ 20-91(6) 4. Guilty of cruelty caused reasonable apprehension of bodily hurt,
§ 20-91(6) 5. Willfully deserted or abandoned the other Divorce may be decreed to the innocent party after a period of one year from the date of such act
§ 20-91(9)(No Fault divorce) 6. Lived Separately With out Separation Agreement Parties have lived separate and apart without any cohabitation and without interruption for one year
With Separation Agreement and no child parties have entered into a separation agreement and there are no minor children and have lived separately and apart without cohabitation and without interruption

for six months.

A Sris
Sris Law Group
1-703-278-0405

Child Custody Virginia Loudoun Law

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CHILD CUSTODY IN LOUDOUN VIRGINIA

If you need help with a contested child custody case in Virginia, our law firm can help you.

Virginia Court pursuant to Virginia Code 20-124.2 may order custody and visitation.

If you are seeking an experienced attorney to help you with a child custody in Loudoun Virginia, call us for help.

CHILD CUSTODY-Va. Code Ann 20-124.2

Virginia Code 20-124.2. Court-ordered custody and visitation arrangements

A. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court shall

provide prompt adjudication, upon due consideration of all the facts, of custody and visitation arrangements, including support and maintenance for the children, prior

to other considerations arising in the matter. The court may enter an order pending the suit as provided in 20-103. The procedures for determining custody and

visitation arrangements shall insofar as practical, and consistent with the ends of justice, preserve the dignity and resources of family members. Mediation shall be

used as an alternative to litigation where appropriate. When mediation is used in custody and visitation matters, the goals may include development of a proposal

addressing the child’s residential schedule and care arrangements, and how disputes between the parents will be handled in the future.

B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor

children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As

between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child

relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any

other person with a legitimate interest. The court may award joint custody or sole custody.

C. The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be

paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or

receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order the continuation of

support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself,

and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which

extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by

the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that

either party or both parties provide health care coverage or cash medical support, or both.

D. In any case in which custody or visitation of minor children is at issue, whether in a circuit or district court, the court may

order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child. The court may enter such

order as it deems appropriate for the payment of the costs of the evaluation by the parties.

E. The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any

order entered pursuant to this section or 20-103 including the authority to punish as contempt of court any willful failure of a party to comply with the provisions of

the order. A parent or other person having legal custody of a child may petition the court to enjoin and the court may enter an order to enjoin a parent of the child

from filing a petition relating to custody and visitation of that child for any period of time up to 10 years if doing so is in the best interests of the child and

such parent has been convicted of an offense under the laws of the Commonwealth or a substantially similar law of another state, the United States, or any foreign

jurisdiction which constitutes (i) murder or voluntary manslaughter, or a felony attempt, conspiracy or solicitation to commit any such offense, if the victim of the

offense was a child of the parent, a child with whom the parent resided at the time the offense occurred, or the other parent of the child, or (ii) felony assault

resulting in serious bodily injury, felony bodily wounding resulting in serious bodily injury, or felony sexual assault, if the victim of the offense was a child of

the parent or a child with whom the parent resided at the time of the offense. When such a petition to enjoin the filing of a petition for custody and visitation is

filed, the court shall appoint a guardian ad litem for the child pursuant to 16.1-266.

Virginia Statute Description Conditions
Va. Code Ann § 20-124.2(A) Court-ordered custody and visitation arrangements The circuit or district court shall provide prompt adjudication on considering the custody and visitation arrangements, support and maintenance and other

considerations arising in the matter. The court order a pendente lite order according to § 20-103.

Va. Code Ann § 20-124.2(B) Court-ordered custody and visitation arrangements The court may award joint custody or sole custody. Primary Importance is given to the best interests of the child. Court also orders for frequent and continuing

contact with both parents.

Va. Code Ann § 20-124.2(C) Court-ordered custody and visitation arrangements The court may order for child support and may order that it be continued even if the child is over the age of 18 if the child is (i) a full-time high school

student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates

from high school, whichever first occurs, iv) severely and permanently mentally or physically disabled, v) unable to live independently and support himself, and (vi)

resides in the home of the parent seeking or receiving child support.The powers of the court regarding the support of children payable by the estate of a deceased

party.The court may also order that either party or both parties provide health care coverage or cash medical support, or both.

Va. Code Ann § 20-124.2(D) Court-ordered custody and visitation arrangements The circuit or district court may order mental health or psychological evaluation as it would assist in determining the best interests of a child and for

appropriate payment of costs.

Va. Code Ann § 20-124.2(E) Court-ordered custody and visitation arrangements The court shall make additional orders necessary to effectuate and enforce any order entered pursuant to this section or § 20-103.The court is vested with the

authority to punish for contempt of court in case of any willful failure of a party to comply with the provisions of the order.The court may enjoin any person from

filing for custody or visitation if one party petitions that it is for the best interest of the child and who had been convicted of murder or voluntary manslaughter,

or a felony attempt, or any offense against child or (ii) felony assault resulting in serious bodily injury.The court appoints appoint a guardian ad litem pursuant to

§ 16.1-266, when such a petition to enjoin the filing of a petition for custody and visitation is filed.

If you are seeking an experienced attorney to help you with a child custody in Loudoun Virginia, call us for help.

A Sris
Sris Law Group
1-703-278-0405

Loudoun Desertion Virginia Law Support 20-61

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Desertion resulting in nonsupport In Loudoun – Virginia Lawyers

If you have been deserted by your spouse and are not receiving any support, contact our law firm immediately for help.

Desertion In Loudoun Virginia

Va. Code 20-61

20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances.

Any spouse who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her

spouse, and any parent who deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her child under the age of eighteen

years of age, or child of whatever age who is crippled or otherwise incapacitated from earning a living, the spouse, child or children being then and there in

necessitous circumstances, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $ 500, or confinement in jail not

exceeding twelve months, or both, or on work release employment as provided in 53.1-131 for a period of not less than ninety days nor more than twelve months; or in

lieu of the fine or confinement being imposed upon conviction by the court or by verdict of a jury he or she may be required by the court to suffer a forfeiture of an

amount not exceeding the sum of $1,000 and the fine or forfeiture may be directed by the court to be paid in whole or in part to the spouse, or to the guardian,

curator, custodian or trustee of the minor child or children, or to some discreet person or responsible organization designated by the court to receive it. This

section shall not apply to the parent of a child of whatever age, if the child qualifies for and is receiving aid under a federal or state program for aid to the

permanently and totally disabled; or is an adult and meets the visual requirements for aid to the blind; and for this purpose any state agency shall use only the

financial resources of the child of whatever age in determining eligibility; however, such parent is subject to prosecution under this section for the desertion or

nonsupport of a spouse or of another child who is not receiving such aid.

Virginia Statute Conditions Penalties
Va. Code 20-61 Any person who without cause deserts or willfully neglects or refuses or fails to provide for the support and maintenance of his or her spouse, child under the age

of eighteen years, or child who is crippled or incapacitated from earning a living, being then and there in necessitous circumstances

Misdemeanor conviction with fine up to $500, or confinement in jail up to twelve months, or both, orOn work release employment for a period of not less than ninety

days up to twelve months; orIn lieu of the fine or confinement being imposed upon conviction, he or she may be required by the court to suffer a forfeiture of an

amount up to $1,000 and the fine or forfeiture may be paid in whole or in part to the spouse, or to the guardian, curator, custodian or trustee of the minor child or

children, or to some discreet person or responsible organization designated by the court to receive it.

Desertion In Loudoun Virginia.

A Sris
Sris Law Group
1-703-278-0405

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