What happens to a custody order when you move from one state to another with your child(ren)? If you have moved from another state to Virginia and have a child custody order signed by a judge in your former state, you will probably want to register that order for enforcement in Virginia courts.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides that one state court will recognize the custody order of another state court if the order has been properly registered. The Commonwealth of Virginia has adopted UCCJEA provisions into the Virginia Code. As set forth in Virginia Code § 20-146.24, a court of the Commonwealth has a duty to enforce a child custody determination of a court of another state if either the “latter court exercised jurisdiction in substantial conformity with the UCCJEA,” or “the determination was made under … Read More »
Divorce between parents is common before a child reaches college age. How do divorce and separation affect a child’s eligibility for financial aid? The impact of a divorce or separation on financial aid eligibility is dictated primarily by which financial aid applications must be submitted to the student’s university. There are two major financial aid applications used by colleges. The first is the more widely used application called the Free Application for Federal Student Aid (FAFSA) and the second is referred to as the CSS Profile (Profile), which is used by a small number of private colleges.
Generally, a student with divorced or separated parents will get a better financial aid package when filing a FAFSA because the FAFSA requires financial information only from the custodial parent, the parent who the student has lived with the most in the last 12 … Read More »
The 2018 session of the Virginia General Assembly made some major changes to the Virginia Code that will affect the issue of the modification of spousal support in Virginia starting July 1, 2018.
Modification of Spousal Support When a Separation Agreement Is Silent About Modification
Until these recent changes in the law, it has been well settled in Virginia that if a separation agreement (frequently referred to as a “marital settlement agreement” or “property settlement agreement”) is silent as to whether an award of spousal support is modifiable due to a material change of circumstances, then the presumption by a court is that the award was fixed and could not be revisited or modified. As a result, some parties were signing agreements with the intent that they would have the ability to modify the spousal support award, but instead, would later discover that because the … Read More »