The Livesay & Myers Blog


Virginia Poised to Update Child Support Guidelines

Posted on March 27th, 2014, by Benjamin Carafiol in Family Law. No Comments

The Virginia General Assembly recently passed a bill to update Virginia’s child support guidelines. The bill, HB 933, enjoyed significant support in the legislature—passing the House of Delegates on a vote of 85-10 and the Senate on a 38-0 vote. If the Governor now signs the bill, it will go into law effective July 1, 2014.

HB 933 proposes three significant changes to Virginia Code Section 20-108.2:

Updated Child Support Guidelines. Virginia initially adopted the child support guidelines set forth in Virginia Code Section 20-108.2 in 1988, and while it has made minor changes to portions of this law it has not updated the actual guidelines in the past 26 years. The new law would not simply increase child support amounts across the board; rather, the specific details of an individual’s case could result in higher or lower child support amounts under the revised guidelines.
Removes Set … Read More »


Federal Retirement Division in Virginia Divorce

Posted on March 19th, 2014, by Jonathan McHugh in Family Law. No Comments

When facing divorce, both federal civilian government employees and their spouses need to be familiar with how their retirement accounts are structured, funded, and ultimately, how they could be affected by a divorce. Most federal civilian employees these days are covered by FERS, the Federal Employee Retirement System. FERS consists of three components: the Basic Benefit Plan, Thrift Savings Plan and Social Security. If you or your spouse are a federal employee, here is what you need to know about the treatment of FERS benefits in Virginia divorce:

BASIC BENEFIT PLAN

The Basic Benefit Plan is the defined benefit plan component of FERS. It is a monthly annuity that employees are eligible to receive upon retirement.

Eligibility: All federal government civilian employees, with very few exceptions, hired after December 31, 1983 are automatically enrolled in the Basic Benefit Plan.

Vesting: In order to be vested in the Basic Benefit Plan, … Read More »


What is the Statute of Limitations on Child Support in Virginia?

Posted on March 18th, 2014, by Danielle Snead in Family Law. No Comments

As explained in Six Ways to Enforce A Child Support Order in Virginia, failure to pay a court-ordered child support obligation can have serious consequences in Virginia. Specifically, an obligor’s failure to pay can result in withholding of their wages, the suspension of professional, recreational or driver’s licenses, liens on their assets, interception of tax returns, restrictions on international travel, or even an order garnishing part of their retirement benefits.

After learning of their options for collecting past due child support, the next question many recipients of support have is: is there a statue of limitations on child support in Virginia?

The Virginia Supreme Court answered this question in 2011, when it ruled in Adcock v. Department of Social Services that child support obligations are set judgments which are subject to a 20-year statute of limitations. In Adcock, the father of a child was obligated, through a … Read More »


New Virginia Criminal Laws in 2014

Posted on March 17th, 2014, by Benjamin Griffitts in Criminal Defense. No Comments

In Virginia, March Madness carries multiple meanings. For most, at least in recent years, March Madness has been the time for our “mid-major” universities, George Mason and Virginia Commonwealth, just to name two, to shock the nation and make runs at the Final Four, while our major universities disappoint. In 2014, the University of Virginia appears poised to reverse this trend, and perhaps make a deep run in the tournament.

But madness in the month of March also means the end of the Virginia General Assembly session. The Virginia system of governance, with our part-time citizen delegates and senators, always provides ample fodder for water cooler discussion. Each Virginia delegate can introduce or “sponsor” an innumerable number of new bills, many of which could make an appearance on one of those desk calendars with a crazy law for every day of the … Read More »


How to Survive the Dreaded Discovery Process

Posted on March 14th, 2014, by Matthew Smith in Custody, Family Law. No Comments

In the course of your divorce or custody litigation, you may be required to answer written questions under oath (Interrogatories), provide copies of various documents that are relevant to your case (Requests for Production of Documents), and admit or deny various allegations from your spouse (Requests for Admissions). Along with depositions and subpoenas, this process is collectively referred to as “discovery.” And it’s no fun.

The purpose of discovery is to enable each party to determine the facts of the case and ascertain what evidence may be available for use at trial or to effect a settlement. This prevents a “trial by ambush,” with secret witnesses and exhibits being presented without advanced notice. Responding to discovery requests is not optional, and failure to answer fully and truthfully can result in punishment by the court. Discovery can easily become a boondoggle for … Read More »


How Criminal Trials Are Like MMA Fights

Posted on March 12th, 2014, by Benjamin Griffitts in Criminal Defense. No Comments

Mixed Martial Arts (“MMA”) has been a sport for about 20 years, but in the last several years, it has gone from being a fringe spectacle to a mainstream sport covered by ESPN and airing matches on major networks. An initial glance at a singular fight might illicit myriad emotions from the viewer, ranging from excitement to disgust. You might view fighters as thugs or beasts, or you may see them as noble gladiators or elite athletes. Whatever your opinion, there is one undeniable fact: the fifteen or so minutes that make up the fight are just a fraction of the time, preparation and work that goes into an MMA contest.

The criminal trial process is extremely similar to an MMA fight, much more than you might realize. Criminal lawyers are often judged based upon their performance in the courtroom, but the … Read More »


Transfer of Post-9/11 GI Bill Benefits in Divorce

Posted on March 6th, 2014, by Stephanie Sauer in Divorce, Family Law, Military Divorce. No Comments

Military divorce cases often involve discussion of military retired pay, the Survivor Benefit Plan, and continuation of the spouse’s medical benefits after divorce. A growing topic of discussion in these cases is the servicemember’s education benefits under the Post-9/11 GI Bill. Increasingly, these benefits are becoming a topic of negotiation in separation agreements between divorcing couples.

The GI Bill can cover all in-state tuition and fees at public degree-granting schools. It also provides for a housing stipend and book allowance while in school. The benefits may be used up to 15 years after the servicemember’s discharge from active duty. Eligibility for Post-9/11 GI Bill benefits requires a minimum of six years of service. Separate requirements apply for reservists. Servicemembers may transfer their Post-9/11 GI Bill benefits to a spouse or child, but only after meeting an additional service obligation of four years.

Under 38 U.S.C. § 3020(f)(3), Post-9/11 … Read More »


How to Help Your Criminal Attorney Protect Your Immigration Status

Posted on March 4th, 2014, by Eugene Oliver in Criminal Defense, Immigration Law. No Comments

Being charged with a criminal offense can be an anxiety-causing event for anyone. But immigrants charged with crimes face not only potential criminal punishments but also the potential impact on their immigration status from a criminal conviction. If you are an immigrant charged with a crime, here are four ways to help your criminal attorney protect your immigration status from the very beginning of your case:

Identify Your Status. It is crucial that you identify your immigration status for your criminal attorney as soon as possible. The immigration consequences of a criminal conviction can vary greatly depending on whether you are a lawful permanent resident, asylee, non-immigrant visa holder, completely without status, etc. If you are unsure of your status, make sure you bring copies of all immigration paperwork with you to the initial consultation with your criminal attorney. Immigration status should be the … Read More »


When Are Juveniles Tried As Adults in Virginia?

Posted on February 27th, 2014, by Eugene Oliver in Criminal Defense. No Comments

While most juvenile criminal offenses in Virginia are resolved entirely within the Juvenile and Domestic Relations District Court (JDR Court), there are certain circumstances where cases are transferred and certified to the Circuit Court for resolution. Cases transferred and certified to Circuit Court result in the juvenile being tried as an adult, and resulting convictions can have substantial and lifelong effects on the juvenile.

There are three different ways that juvenile charges can be transferred to Circuit Court for adjudication in Virginia. They are commonly referred to as Section A, Section B, and Section C transfers based on their corresponding provisions in Virginia Code § 16.1-269.1. Section A transfers can theoretically originate from any felony charge, whereas Section B and Section C transfers can only occur when the juvenile has been charged with certain serious felonies. For any transfer, the juvenile must be … Read More »


Immigration Court Delays: When Will Your Case Be Heard?

Posted on February 26th, 2014, by Jennifer Varughese in Immigration Law. No Comments

Proceedings in present day immigration court present a very stark contrast. Many cases now drag on for many months or even years before being heard. But when an immigrant’s day in court finally arrives, overcrowded court dockets often leave the judge with only a few minutes to decide the fate of the immigrant and their family.

If you or a loved one are currently going through deportation (now known as removal) proceedings in immigration court, and have filed an application for relief, you are likely aware of the sometimes extraordinary length of time it takes to resolve a case. Lengthy delays for a trial (known as an Individual Hearing) are commonplace in many of the 50+ immigration courts located in 29 states.

Our local court in Arlington, Virginia currently has five immigration judges (often referred to as IJs), after losing one to retirement earlier in the year. Perhaps … Read More »




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