The Livesay & Myers Blog


Property Settlement Agreements and College Expenses

Posted on June 24th, 2014, by Jonathan McHugh in Family Law. No Comments

The importance of education and obtaining a college degree has grown over the years, to the point where most, if not all, parents make it one of their highest priorities when raising their children. Given the rising costs of attending college, in some instances reaching in excess of $50,000 per year, figuring out how to pay for a child’s education can be a challenge. That challenge is heightened when parents find themselves separated or pursuing a divorce.

When a Virginia Court enters an order regarding child support, the parties’ legal obligation usually ends when the child or children reach the age of 18. However, Virginia Code Section 20-124.2(C) provides that any child support order shall include language ordering parents to support any child who is over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the … Read More »


H-1B Visa Alternatives

Posted on June 19th, 2014, by Susannah Nichols in Immigration Law. No Comments

If your H-1B petition was not selected in this year’s H-1B lottery, you are not alone. With over 170,000 visa petitions received, the allotted H-1B visas were filled quickly this year. USCIS conducted a random lottery to select petitions which would be considered for the available visas. Many employers whose petitions were not selected are left with job openings in need of qualified candidates. However, those employers do have additional options available to sponsor their foreign candidates.

Below is an overview of some non-immigrant visa alternatives for employers to consider:

O-1 visas (extraordinary ability). O-1 visas are for foreign nationals who are outstanding and widely recognized in their field. They should be considered within the very top of their field to qualify for this type of temporary visa. The specified fields which are available are limited, but include science, arts, education, business, … Read More »


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 »




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