The Livesay & Myers, P.C. Blog
It may not surprise any reader here that law enforcement, both on the state and federal level, have tools at their disposal to prevent individuals charged with committing criminal offenses from profiting from such enterprises. What may surprise you, however, is that property can be seized and forfeited to the police absent a conviction—there’s no requirement under either Virginia or federal law that a crime even be charged. Common examples involve large sums of cash, vehicles or other property suspected of being involved with drug trafficking. This has become a controversial practice across the country and in Virginia, where legislative efforts in the last session to reform the process passed the House of Delegates but were defeated in committee in the State Senate.
There are two types of asset forfeitures: criminal and civil. Criminal forfeiture is the less controversial method of … Read More »
In divorce cases, the marriage is officially and legally ended when the judge signs the order dissolving the legal bonds of matrimony. For a large number of people, however, a divorce does not mean the severing of all ties with their now ex-spouse. There are some things that will continue to bind many divorced couples together beyond their marriage vows. The immediate example that springs to mind is children. Issues of custody, visitation or child support can come up as often as the needs of a child may change. Eventually, however, children grow up—and though divorced parents will always be linked together through the children they share, there will no longer be the potential of ongoing litigation.
There is one issue, however, that can link former spouses together for the rest of their natural lives: spousal support.
In Virginia, spousal support may be … Read More »
In November 2014, President Obama outlined several executive actions designed to modernize and streamline the U.S. immigration system. At the time, much of the attention surrounding the President’s announcement focused on the Deferred Action for Parents (DAPA) program, which is now on hold. However, the President introduced other changes to current programs and policies, which should provide much-needed relief for intending immigrants.
In accordance with the President’s executive actions, the Department of State (DOS) recently announced a new procedure which will provide relief to scores of individuals stuck in lengthy visa backlogs. Each month, DOS publishes a Visa Bulletin which indicates the dates for which visas are being issued in family and employment-based categories. As of the newly-published Visa Bulletin for October 2015, DOS will now post two different charts for both family-preference visas and employment-based visas in the Visa Bulletin. The charts are: (1) Application … Read More »
The Virginia Division of Child Support Enforcement (DCSE) is currently offering a special incentive program for non-custodial parents who owe a child support debt to the Commonwealth of Virginia, which is usually due to the custodial parent on their case having received Temporary Assistance for Needy Families (TANF) or Medicaid benefits.
Under the DCSE incentive program, any non-custodial parent who visits a DCSE district office in August–September 2015 and makes a lump sum payment will receive a 5% reduction in state debt, even if there is no current support owing.
According to DCSE, each parent who owes a qualifying debt received an automated call in August or September. However, if you have not received such a call, or if you simply wish to get more information and/or see if you qualify for this incentive program, DCSE encourages you to contact your caseworker.
This DCSE incentive program comes on the … Read More »
Establishment of Paternity of a Child Born to a Married Mother
A child born to a married woman in Virginia is presumed to be the child of her husband, so long as they were married for the ten months preceding the birth of the child. The husband is the “presumptive father” of the child, with the same responsibility for child support as a “legal father” (one who has been proven to be the father of a child).
However, the presumption of paternity in Virginia is rebuttable. In other words, the husband has the opportunity to prove that he is not the father despite the fact that he was married to the mother at the time of birth.
There are many ways to rebut the presumption of paternity. Perhaps the easiest and most certain way is to perform genetic paternity testing. In this age … Read More »
Going through a divorce results in a whirlwind of emotions—everything from extreme sadness and disappointment to elation and acceptance. Regardless of how the marriage ended, or whether the divorce is amicable or contested, people are often unprepared for the immense changes that come from a separation and divorce.
That being said, there are certain steps that you can take to better equip yourself for dealing with the transition from marriage to separation and, ultimately, to divorce. Consider doing each of the following six things at the outset, before seeking a divorce from your spouse in Virginia:
Go to a marriage counselor. This is especially true if you have children with your spouse. There is a reason why you got married in the first place, and you owe it to yourself, your spouse and your kids to see if there is an option other … Read More »
A question that is often posed by persons seeking to separate from their spouse and eventually divorce, is whether or not there is a status of legal separation under Virginia law. The short answer is no, unlike many other states, Virginia’s domestic relations laws do not have a status for legal separation in cases where neither party is at fault in ending the marriage. However, there are many steps you can take to protect yourself, your children, and your assets as you separate from your spouse and move towards divorce.
Legal separation is defined by Black’s Law Dictionary as “the term that applies to a court sanctioned agreement for a husband and wife that details their obligations while living apart.” Some states allow couples to petition the courts for a status of legal separation, regardless of what is causing the breakdown … Read More »
Are you a divorced or unmarried parent? If so, have you ever wondered what would happen to your child in the event you died? If you are a noncustodial parent, have you wondered what would happen if the custodial parent died? Are there third parties with a legitimate interest in the child who would want custody in the event you or the other parent died?
These are all good questions and things that you should be thinking about now.
The Typical Case
Typically, if one parent dies, the other parent will assume custody in total. In the event both parents die, or in the event a single-parent dies (i.e. there exists no other legal parent), then hopefully there exists a valid will that appoints a guardian to the child, as well as an appointed trustee as to the child’s inherited property. In Virginia, a … Read More »
While there have been several studies lately which point to a decrease in the overall number of people getting married, there is a very obvious, but perhaps less publicized fact that comes along with fewer marriages: fewer divorces. These facts do not change the reality that most, if not all people, at some point in their lives, wonder when the “best” time to get married is. For some the answer is never; however, for many people the answer depends on several factors: age, maturity, financial considerations, career aspirations, etc.
An even more intriguing question is presented by a recent analysis performed by sociologist Nicholas Wolfinger: “When is the best age to get married if you don’t want to get divorced?”
Wolfinger’s analysis, aided by data provided by the National Survey of Family Growth, points out some seemingly intuitive and logical points. For example: … Read More »
Can You File for Custody If Your Parental Rights Were Terminated in Virginia?
If your parental rights to a child have been terminated, under Virginia law you do not have standing to file a petition for custody of that child. Under Virginia Code Section 20-124.1, a petitioner seeking custody of a child must be a “person with a legitimate interest.” The statute specifically provides that a person with a legitimate interest does not include a party whose parental rights have been terminated by a court order, either voluntarily or involuntarily. However, in 2013, the General Assembly enacted Virginia Code Section 16.1-283.2 to provide a procedure for restoration of parental rights. Once a parent’s parental rights are restored pursuant to that code section, he or she can file a petition for custody.
Who Can Petition for Restoration of Parental Rights?
The statute distinguishes as … Read More »