In Virginia, a drop in the payor spouse’s income, even if significant, may not guarantee a reduction in spousal support. As explained in Modification of Spousal Support in Virginia, under Virginia Code § 20-109 a court may decrease or terminate spousal support if there has been “a material change in circumstances” or “as the circumstances may make proper.” Although a court may find a material change in circumstances based on a complete loss of or a drop in the payor spouse’s income, the court may still refuse to reduce the amount of spousal support if it finds that the payor still has the ability to pay.
For instance, in Lamb v. Lamb, although the payor spouse’s income had decreased considerably, the Virginia Court of Appeals refused to reduce the amount of spousal support because the payor had the ability to pay. The Court found that … 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 »
If you find yourself in the middle of a contested divorce and the stakes are high, you may need more assistance than your attorney can provide. With an eye toward preparing your case for trial or simply aiding in the settlement process, several categories of experts can be utilized to bolster your position and create compelling evidence in your favor.
These experts are typically experienced as trial witnesses, and the best ones come armed with CVs that add weight to their testimony and shield them from withering cross-examination. Experts can also prepare reports for use as evidence in court or as tools to bring the parties closer to settlement.
You should consider whether hiring any of the following six types of experts would be a worthwhile investment of time and money in your ongoing divorce:
Business Evaluator: This expert can be critical in cases … Read More »
Imagine a married couple separates and one party moves out of the Commonwealth of Virginia, with no intention to return. The spouse who remains in Virginia wants to pursue a divorce. A circuit court in Virginia can divorce the parties, as long as there are grounds for divorce and the proper procedures are followed. But what if the Virginia resident wants to request spousal support?
For the Virginia court to order spousal support in that situation, it must first find that it has personal or “in personam” jurisdiction over the non-resident. There are several ways that a court can have personal jurisdiction, per Virginia Code §8.01-328.1. There are two, however, that are of particular importance to parties going through a divorce.
First we have Virginia Code §8.01-328.1(A)(8), which provides that a court may exercise personal jurisdiction over a person who:
…executed an agreement … Read More »
As everyone knows at this point, same-sex marriage is now legal in the Commonwealth of Virginia. On October 7, 2014 Governor Terry McAuliffe signed Executive Order #30 titled “Marriage Equality in the Commonwealth of Virginia.” The order directed all state agencies, authorities, commissions and other entities within Virginia to quickly make any necessary policy changes to afford same-sex couples the same benefits as heterosexual couples.
Now that Virginia allows and recognizes same-sex marriages, same-sex couples will no longer need to travel outside the Commonwealth to resolve their family law issues. Below is a summary of the impact of marriage equality on four areas of family law in Virginia:
1. Divorce. Any couple with a valid marriage from Virginia, a foreign state or country may now file for divorce in Virginia, provided the parties were married in Virginia, last resided as a couple in Virginia, or one spouse has resided … Read More »
Virginia Code Section 20-107.1 provides that pursuant to a divorce, a court may reserve the right of a party to receive spousal support in the future. Furthermore, “in any case so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of marriage and the date of separation. Once granted, the duration of such reservation shall not be subject to modification.”
What does this mean? This means that in lieu of a spousal support award, or in addition to a spousal support award, a Virginia court can grant a reservation for one or both parties to seek additional spousal support from the other in the future.
Why would a spouse not elect to immediately pursue his or her reservation? Because it’s not as simple as … Read More »
Divorce can be financially difficult for both parties, particularly in today’s economy. If you are the breadwinning spouse, you may face special difficulties—which include but are not limited to the following:
Your spouse doesn’t (or refuses to) work, so you may be looking at higher amounts of spousal support and child support.
Your name is tied to all of the marital debts because your spouse doesn’t have good credit.
You’re stuck paying everything: a mortgage, two car payments, and massive credit card debt that is more than you can afford.
Your spouse recklessly increases your debt, and only you are held responsible.
Your spouse has requested pendente lite support and attorney’s fees to help him or her carry on the divorce lawsuit.
Unfortunately, these are examples of some of the pitfalls that come with being the breadwinning spouse. Here are four tips to help protect yourself before, during … Read More »
Among the most common questions for many people facing divorce are those relating to spousal support: will the court order spousal support? If so, how much—and for how long? As explained in Spousal Support in Virginia, both local guidelines and the Virginia Code provide guidance on how trial courts are to go about determining the amount and duration of support. However, even with local guidelines and the factors stated in Virginia Code Section 20-107.1, awards of support vary greatly case by case. Nevertheless, the Virginia Court of Appeals recently reiterated the importance of the Code factors, in the Fairfax County divorce case Cleary v. Cleary.
The parties in Cleary were married for 17 years and had three children during the marriage. Both parties were employed, with the husband working as a financial advisor and the wife working as an independent contractor. The court granted the … Read More »
The Fairfax County Circuit Court recently issued an opinion that sheds light on an important aspect of Virginia divorce law: when divorcing parties include a provision for spousal support in a separation agreement that is incorporated into a divorce decree, that spousal support can only be modified later if the language of the agreement specifically allows for modification.
In Gordon v. Gordon, the parties divorced in 2003 after signing a separation agreement that provided for an award of spousal support (alimony). The Agreement made support non-modifiable, stating:
The husband agrees to pay to the wife, as and for her non-modifiable support and maintenance, the sum of One Thousand Dollars ($1,000.00) per month, the initial payment to be made on the first day of the month following execution of this Agreement by both parties, and to continue in consecutive monthly installments on the first … Read More »
The Virginia General Assembly’s 2013 session has come to a close, and the Governor has signed two new bills related to family law that were passed by the Senate and House of Delegates. Effective July 1, 2013, these bills will change Virginia family law in four very important areas:
Deviation from child support guidelines. Virginia law establishes that child support be calculated according to guidelines which establish a “presumptively correct” amount of support, but then allows courts to “deviate” from the guidelines amount based upon a list of potentially relevant factors. Effective July 1, 2013, the list of factors which might justify deviation is expanded greatly (from five factors to 15 factors), which could have profound effects on support calculations in certain cases.
Child care costs incurred while attending educational or vocational programs. Under current law, many custodial parents attempting to obtain additional … Read More »