About Jonathan McHugh

Jonathan McHugh is a family law attorney in the Leesburg office of Livesay & Myers. He is experienced with every type of family law matter in the courts of Virginia, including divorce, equitable distribution, custody, visitation and support. Mr. McHugh has particular expertise with cases involving government or military retirement and benefits.

Here are the most recent posts by this author:


Child Preference in Virginia Custody and Visitation Cases

Posted on August 20th, 2014, by Jonathan McHugh in Custody, Family Law. Comments Off on Child Preference in Virginia Custody and Visitation Cases

When a couple decides to separate and pursue a divorce, there are countless questions and issues that can arise. However, there are also some difficult questions that await the teenage child or children of divorcing parents. Perhaps the most difficult question to answer is: “Who do I want live with after Mom and Dad are divorced?” The answer to this question can go a long way towards determining the final custody and visitation arrangement for that child.

In making a custody or visitation determination, a Virginia court will consider what is in the best interests of the child, according to the factors laid out in Virginia Code Section 20-124.3. One of the most important factors listed in that code section is: “The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience … Read More »


Property Settlement Agreements and College Expenses

Posted on June 24th, 2014, by Jonathan McHugh in Family Law. Comments Off on Property Settlement Agreements and College Expenses

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 »


Federal Retirement Division in Virginia Divorce

Posted on March 19th, 2014, by Jonathan McHugh in Family Law. Comments Off on Federal Retirement Division in Virginia Divorce

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 »


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