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Monday, June 27, 2011

MY bf is in the Illinois department of corrections and plans to move here when he gets out in august. He will not be on probatio - Avvo.com

MY bf is in the Illinois department of corrections and plans to move here when he gets out in august. He will not be on probatio - Avvo.com

Myths And Facts About Child Support In Virginia

Myths and Facts Regarding Child Support Obligations in Virginia

Many myths and misconceptions abound regarding child support. Some may come from the fact that different states have different laws regarding child support; others may come from experiences people have had in the past that are no longer relevant due to changes in the law. Below are some commonly-held beliefs - some true, some false - about child support.

Belief: There is an enormous backlog of unpaid child support.

This is true. In Virginia alone, custodial parents are collectively owed $2.6 billion in past-due child support.

Belief: Once child support amounts are approved by a court, they cannot be changed.

This is false. Either parent can request a review of the child support payment amounts. Common reasons for a review include a significant raise or drop in income by either parent, a new job or a job loss, a change in the size of a family, a change in work-related daycare expenses, or extraordinary medical expenses.

Belief: Filing bankruptcy will relieve me of the need to pay child support.

This is false. Child support is one of the few debts that cannot be discharged by bankruptcy. Although the Virginia Division of Child Support Enforcement will limit its collection efforts to just current support (and not back payments still owed), after the bankruptcy is discharged, those back payments are still due. However, bankruptcy may help some people by making more money available every month to pay child support.

Belief: If a parent doesn't pay child support, the state can take the money from his or her paycheck.

This is true. Paycheck deductions for child support are the largest source of child support payments. The state may also intercept state and federal tax refunds, as well as unemployment checks. In fact, due to the recession, in 2009, support collected from unemployment checks tripled nationally, while collections from paychecks and tax refunds were down for the first time.

Belief: After my child turns 18, I am no longer eligible for child support.

This is often false - but not always. In 1996, Virginia laws were changed, making children entitled to support until they turned 19 or graduated from high school, whichever comes first. But this law was not retroactive, meaning that it may not apply to child support orders from before 1996.

Belief: I cannot collect back-owed child support now that my child is older than 18.

This is false. Delinquent payments are still owed, even after the child has turned 19. These payments are still owed to the parent, unless a court determines they should be made to the adult children.

Belief: Non-payment can affect a parent's credit rating.

This is true. Every payment (or non-payment) is reported to credit rating bureaus by the Virginia Division of Child Support Enforcement. Non-payment may also result in revocation of the parent's driver's license and passport.

Belief: I can make payments directly to the other parent, rather than going through the Division of Child Support Enforcement.

False. Once a parent has been ordered to make payments through the DCSE, any other direct payments to the other parent do not count against the child support obligation, and are considered merely a gift.

Moving Out

http://markchinn.blogspot.com/2011/05/tips-on-moving-out-surreptitiously-to.html

Why Do I Need A Lawyer? - Avvo.com

Why Do I Need A Lawyer? - Avvo.com

WHY DO I NEED A LAWYER?

(1) TO TELL ME WHAT I ALREADY KNEW.
Lawyers can provide a reality check. Often you already really know the answer, even though you wish that you did not. For example, when you ask the question, should I move my boyfriend in with me and the kids, you know that the answer is “no.” You have “reasons” why it should be “yes” – “I’ve been separated a long time;” “My husband is living with his girlfriend;” “I can’t afford to live alone;” etc., but the lawyer will give you the answer that you already know. Hopefully, this reality check will assist you in doing what you knew that you should have done the whole time.

(2) TO TELL ME WHAT I DO NOT KNOW.
Neighbors, friends, and the internet are full of information and advice. Unfortunately, much of it is incorrect or does not apply to the particular facts of your case. There is no “one size fits all” in the law. You cannot take what happened to someone else in their case and apply it to your case. You need to have a qualified professional review your specific case, answer your specific questions, and advise you as to the best course of action considering your particular circumstances.

(3) TO TELL ME WHEN TO WORRY AND WHEN NOT TO. There are times when people are served with very ominous looking documents which contain legal warnings and deadlines which, in fact, are not cause for the great angst that they cause, other times relatively minor. Appearing documents can have great legal consequence and must be handled immediately or dire consequences will follow. Lawyers know the difference.
A prime example of misplaced concern or lack thereof is in the area of Separation Agreements. They are routinely signed in haste by people who believe that they can change the terms of them later on. After the fact, they discover that they are legally bound forever to onerous terms that will continue to haunt them.

(4) TO DO THE JOB RIGHT THE FIRST TIME.
There is no requirement that anyone be represented by a lawyer. If you want to represent yourself, you are free to do so. You run the risk, however, that you will not do it right. If you do not do it right, your case could be dismissed. If not dismissed, you could still antagonize the judge or delay the resolution of the case. Judges prefer to have the parties represented because the cases proceed much more smoothly. Also, if you have an experienced attorney who has the respect of the judge, it lends credibility to your case.
Lawyers tell you what to do and what not to do in court. These are equally important. Lawyers have been to court before and know the system and the judges. In most instances, this will be your one shot. You want the job done right.

(5) TO PROVIDE EXPERT ADVICE. Not only did the lawyer spend three years in law school, pass the Bar Exam, take the required yearly continuing legal education courses, but this is what they do day in and day out; year in and year out. There is no way that an individual, no matter how interested or determined, could match the expertise of a lawyer who emphasizes a certain area of the law. A lawyer is like any specialist that you would go to see when you have a problem that requires expert attention.

(6) TO HELP ME. Lawyers are helpers. It is a helping profession. You come to a lawyer with a problems, and the lawyer helps create a solution.

Thursday, June 23, 2011

Right To Counsel In Contempt Proceedings

http://jeannehannah.typepad.com/blog_jeanne_hannah_traver/2011/06/go-directly-to-jail-do-not-collect-200.html

I have US EE savings bonds acquired before marriage and they are maturing. How can I keep them as separate assets when redeemed? - Avvo.com

I have US EE savings bonds acquired before marriage and they are maturing. How can I keep them as separate assets when redeemed? - Avvo.com

What You Can Control in Your Divorce

http://www.huffingtonpost.com/alyssa-ann-rower/what-you-can-and-cant-con_b_880783.html#s295989&title=You_Control_Your

My attorney dropped me 2 months before my final divorce was to be heard due to my lack of funds. Over the last 14 months I have - Avvo.com

My attorney dropped me 2 months before my final divorce was to be heard due to my lack of funds. Over the last 14 months I have - Avvo.com

I have a step son soon to turn 18 living with father who has custody and now has made plans to go back to him mother who has - Avvo.com

I have a step son soon to turn 18 living with father who has custody and now has made plans to go back to him mother who has - Avvo.com

At what age in a custody issue is it a requirement for a child to have their own bedroom? - Avvo.com

At what age in a custody issue is it a requirement for a child to have their own bedroom? - Avvo.com