The Livesay & Myers Blog


Incarcerated Parents and Child Support in Virginia

Posted on June 17th, 2014, by Ariel Baniowski in Family Law. No Comments

What happens to a non-custodial parent’s child support obligation in Virginia if they are incarcerated and child support has already been ordered? Does their obligation to pay support automatically freeze, modify, or terminate? Should the incarcerated parent petition the court for a modification in their obligation? Is the parent in jail entitled to a modification after and because of their incarceration?

The answers to these questions may surprise you.

Will the Incarcerated Parent’s Child Support Obligation Be Modified?

In Virginia, the answer to this question is: probably not. A Virginia court is unlikely to modify an already existing child support order in lieu of a non-custodial parent’s recent incarceration.

In order to modify an existing child support order in Virginia, the petitioning party must demonstrate that a material change in circumstances has occurred, since entry of the last order, that warrants a modification. Naturally, incarceration is … Read More »


Assisted Conception and Paternity Rights in Virginia

Posted on June 9th, 2014, by Carolyn Eaton in Family Law. No Comments

Actor Jason Patric has a case in the California courts that has gained national media attention recently because it involves the paternity rights of sperm donors. Patric’s child was conceived by his former girlfriend through in vitro fertilization using Patric’s sperm. Now he’s fighting to be declared the legal father of that child and to have custody and visitation rights established.

In 2013, the Virginia Supreme Court decided a similar case involving assisted conception: L. F. v. Breit, 285 Va. 163; 736 S. E. 2d 711. The biological father in that case, William Breit, was also seeking to have paternity established, as well as custody and visitation rights, for a child that was conceived via in vitro fertilization using his sperm. Unlike the California parties, William Breit and his long time, live-in girlfriend entered into a written custody and visitation agreement, … Read More »


Early Termination of Rental Agreements for Domestic Violence Victims

Posted on June 4th, 2014, by Benjamin Carafiol in Family Law. No Comments

Last year, Virginia expanded the relief available to victims of domestic violence obtaining a final protective order. The typical remedies a victim of family abuse may seek in Virginia are found in Virginia Code Section 16.1-279.1, and include prohibiting acts of future family abuse, prohibiting some or all contact between the victim and the offender, and granting possession of the residence occupied by the parties to the petitioning party. The option of an abuse victim to terminate a rental agreement early, however, is not contained in this Section. It is instead located in Virginia Code Chapter 55, which deals with property and conveyances.

Virginia Code Sections 55-225.16 and 55-248.21:2 both provide that any tenant who has been a victim of (a) family abuse, (b) sexual abuse, or (c) other criminal sexual assault may terminate their rental agreement under certain circumstances. Those … Read More »


“Untying the Knot” Brings Divorce Further Into the Public Eye

Posted on May 29th, 2014, by Matthew Smith in Divorce, Family Law. No Comments

There was a time when divorce was never spoken about on television or in pop culture. In 1962, “The Lucy Show” became the first program to prominently feature the character of a divorced woman (with the character of Lucy’s housemate, divorcée Vivian Bagley).

Today, popular dramas like “The Good Wife” and “Mad Men” feature main characters who are divorced, and any stigma that once existed has disappeared. Reality programs like “The Real Housewives” and “Divorce Court” allow the masses to ogle the “private” lives of those seeking fame but settling for 15 minutes of uncomfortable notoriety.

Now comes a new twist on the portrayal of divorce on television: “Untying the Knot,” which premieres on the Bravo network on June 4th at 10:00 p.m., starring New Jersey matrimonial attorney Vikki Ziegler, along with “appraisal experts” Mark and Michael Millea.

Each episode … Read More »


Criminal Convictions and Fiance Visas

Posted on May 27th, 2014, by Jennifer Varughese in Immigration Law. No Comments

In 2006, the federal Adam Walsh Child Protection and Safety Act (AWA) was signed into law. Among its more well-known features, the AWA revised requirements for sex offender registration. Lesser known, however, is the significant detrimental effect the AWA can have on U.S. citizens who seek to sponsor loved ones for fiancé/fiancée visas or other U.S. immigration benefits.

Perhaps it’s best to start with an example. Jack, a U.S. citizen, and Jill, a citizen of a foreign country, meet and fall in love. Jack and Jill get married. Jill needs a green card to either enter or remain in the U.S., so Jack files the requisite paperwork on her behalf. While their application is pending, U.S. Citizenship and Immigration Services (USCIS) issues a Notice of Intent to Deny letter, threatening to deny Jack’s petition based on an incident from his past … Read More »


New Child Support Guidelines: “Material Change” or Not?

Posted on May 19th, 2014, by Stephanie Sauer in Family Law. No Comments

As discussed in Virginia Poised to Update Child Support Guidelines, on July 1, 2014 Virginia child support laws will significantly change. Parents with no child support order in place may benefit from waiting until July 1st to file new cases, as they may receive more support under the new guidelines.

But what about the parent with a child support order in place under the old guidelines? Can he or she request a review of child support based on the new laws? The short answer is: yes.

The longer answer is as follows. Virginia courts can modify any child support order based on a “material change of circumstances.” Case law provides that changes to state law are material changes that justify the court reviewing the previous support order. Parents therefore have the right to request a review and modification of child support based on the new … Read More »


Seeing Starrs: Deferred Dispositions in Virginia

Posted on May 16th, 2014, by Anna Lindemann in Criminal Defense. No Comments

The criminal bar has been abuzz with the recent decision by the Virginia Supreme Court in Starrs v. Commonwealth, 287 Va. 1, 752 S.E.2d 812 (2014). In the Commonwealth of Virginia, just as in our federal system, two separate branches of government have the power to effect change in our laws and often wrestle with each other over the implementation of that power. On the one hand we have legislators in our General Assembly who make the laws, and on the other hand we have judges who interpret those laws and make daily decisions about how they apply to defendants.

Deferred dispositions are one area where these two sources of power disagree over where authority ultimately lays. A deferred disposition is simple enough in the abstract. In Virginia, the guilt phase and the sentencing phase of adjudication are two separate events. A defendant … Read More »


Dating Websites Providing More Divorce Evidence

Posted on May 5th, 2014, by Matthew Smith in Divorce, Family Law. No Comments

Ever wonder whether the era of online dating has led to more separations and divorces? According to a recent survey of the nation’s top divorce attorneys, the answer is yes. Fifty-nine percent of respondents in the American Academy of Matrimonial Lawyers (AAML) have seen an increase in the number of cases using evidence from dating websites during the past three years.

Online dating contributes to divorce rates, but is also assisting divorce lawyers across the country in building their cases with easy-to-obtain evidence that can become critical to litigation outcomes.

Of those divorce attorneys surveyed, 64% cited Match.com as a primary source, with eHarmony.com running a distant second at 9%. Fifty-seven percent of AAML respondents singled out the “Relationship Status” listed by users as the most common piece of evidence utilized in their divorce cases, while 15% noted Salary and 7% listed … Read More »


Supreme Court Approves Traffic Stop Based on Anonymous 911 Call

Posted on April 29th, 2014, by Eugene Oliver in Criminal Defense. No Comments

On April 22, 2014, the Supreme Court issued a decision in Prado Navarette v. California, 572 U.S. ____ (2014) that will have a significant impact on DUI and other traffic stop cases nationwide. In a 5-4 decision, the Court found that a police officer has reasonable suspicion to stop a driver based on an anonymous 911 call complaining of reckless driving behavior.

In this case, the defendants (Lorenzo and Jose Prado Navarette) were driving a Silver Ford F-150 down a California highway. An anonymous 911 caller reported that the F-150 ran them off of the highway. Approximately 15 minutes later, a state patrol officer made contact with the F-150 and, after observing the vehicle for five minutes, pulled it over. Upon approaching the vehicle, the officers smelled marijuana—and then discovered 30 pounds of marijuana in the bed of the truck. The defendants … Read More »


The Primary Caregiver in Virginia Custody Cases

Posted on April 28th, 2014, by Carolyn Eaton in Custody, Family Law. No Comments

The central question for most parents facing a child custody battle is: “what are my chances at winning custody?” In many cases, the answer to this question depends upon the answer to another question: who is the primary caregiver? Many households are still arranged with one parent being the primary breadwinnner for the family and the other parent being the primary caregiver for the children. In those situations, the latter parent has a decided advantage in winning primary custody. However, Virginia law requires courts to look at the whole picture in deciding custody cases, and not determine custody solely on the primary caregiver factor.

Does Virginia Favor the Primary Caregiver?

Virginia law requires judges to base custody determinations on the best interests of the child, as determined by ten factors stated in Virginia Code Section 20-124.3. Neither parent is automatically favored in these … Read More »




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