Sevila, Saunders, Huddleston & WhiteLeesburg Family Law | Criminal Defense | Business Law Attorneys2024-03-18T16:04:09Zhttps://www.sshw.com/feed/atom/WordPress/wp-content/uploads/sites/1503151/2022/09/cropped-favicon_site-identity-32x32.pngOn Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=501402024-03-18T16:04:09Z2024-03-18T16:04:09ZSupport can continue while children are in school
Virginia specifically allows for child support requirements to continue until a child turns 19 or finishes high school. A student who has not yet graduated could still require support while they live at home to finish their secondary education.
The parent paying support typically needs to request to hearing in court to reduce or end their child support when their child becomes a legal adult. Someone who reduces or terminates payments before having a hearing in front of a judge could end up responsible for the support that they did not pay and may have a harder time prevailing at the hearing.
Especially when there are unusual terms included in a child support order, as may be the case if the child has special needs, renegotiating or terminating support can be more difficult to change. A spousal support order could also complicate child support changes. Both of those orders exist independently of one another but can influence how the courts handle adjustments.
Parents who have spent years providing financial support sometimes make mistakes that put them at a financial or legal disadvantage. Learning about the rules for Virginia child support modifications, including terminations when a child turns 18, can help people better protect themselves. Parents who end payments early could face enforcement efforts and a host of secondary consequences, which is one of the reasons why legal compliance is so important.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=501182024-01-10T20:38:05Z2024-01-10T20:38:05ZCircumstances for child support modifications
Child support orders in Virginia can be modified when there is a significant change in the circumstances of either the parent or the child. Such changes can include a variety of situations but commonly involve alterations in income, employment status or living arrangements.
A substantial increase or decrease in a parent's income due to job loss, promotion or change in employment, can be grounds for modification. Similarly, changes in the child's needs, such as healthcare requirements or educational expenses, can also cause a revision of child support arrangements.
Court criteria for deciding modifications
The primary factor the Virginia courts consider when deciding on a child support modification is the child's best interest. The courts aim to ensure that the child's needs are adequately met while also considering each parent's financial capabilities and circumstances.
To evaluate whether a modification is suitable, the court examines several factors:
Evidence of changed circumstances: The court requires concrete evidence of the changed circumstances that warrant a modification. This could be financial documentation, employment records or medical reports, depending on the nature of the change.
Consistency with state guidelines: Virginia has specific guidelines for determining child support amounts. Any modification must align with these guidelines unless the court finds a reason to deviate.
Impact on the child: The court assesses how the modification will affect the child's well-being, considering factors like health, education and general welfare.
Parents' financial stability: Each parent's financial stability and ability to support the child are carefully evaluated. This includes examining their income, debts and other financial obligations.
Voluntary changes: It’s important to note that if a parent voluntarily reduces their income or changes employment, the court may scrutinize these actions to ensure they aren't attempts to evade child support responsibilities.
Parental agreement: If both parents agree on the modification, the court will likely honor this agreement if it serves the child's best interests and adheres to state guidelines.
Child support is a critical concern when parents aren’t together any longer. Understanding the specific points that apply to these cases is critical, so seeking legal guidance is generally wise. Acting quickly can be helpful, as delays can be tough to weather when one’s finances are challenging.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=501142023-12-05T16:57:27Z2023-12-05T16:57:27Zno need for court intervention to settle disputes, although legal documentation is still required to formalize the agreement. This document is then submitted to the court. A judge reviews the document to make sure it is reasonable for both parties, especially concerning any children involved. It becomes an official court order after approval, finalizing the couple’s divorce.
What are the benefits?
Uncontested divorces are generally less stressful and less time-consuming compared to contested divorces. People do not have to spend as much time in court. The whole process can go more smoothly. Due to this, an uncontested divorce often finalizes more quickly than a contested divorce. If the couple’s priority is to get through the process as quickly as possible, an uncontested divorce is the way to do it. Additionally, in part because it takes less time, an uncontested divorce tends to be cheaper because each spouse needs fewer billable hours from an attorney to safeguard their interests.
Finally, couples that are able to avoid litigation also have more control over the terms of their divorce. If they go to court, the judge gets to decide the terms of the couple’s divorce order and the couple is required to follow it. But an uncontested divorce allows spouses to make the agreement themselves and the court ordinarily just has to approve it.
The legal side
This doesn’t mean that engaging a legal team won’t be necessary. The plan still has to get approved, so it’s often wise to have professionals review the terms, work out any missing details, prevent any pitfalls or future issues and finalize the settlement. It’s important for couples to know what steps to take as they move through this process of dividing assets, splitting up parenting time and otherwise safeguarding their interests. Especially when spouses have some disagreements to work through on the way to an agreement, seeking legal guidance is generally wise.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=501042023-10-18T14:11:06Z2023-10-18T14:11:06ZSpouses must find an equitable solution
The rules for property division during Virginia divorces require some planning and consideration. The courts will require an equitable solution, meaning a judge will try to divide all of the disclosed marital property and debts in a manner that is fair given the circumstances of the marriage.
Married couples also have the option of negotiating their own property division terms for an uncontested divorce. The process of splitting up investment real property usually starts by establishing the fair market value of each property. From there, couples may negotiate terms based on what they can afford or maintain without the support of their spouse.
Sometimes, people sell investment properties and split the proceeds. Other times, each spouse may keep a certain number of the properties they acquired while married. It may even be possible to have one spouse retain the properties because they manage the business. They would then provide the other spouse with a share of their equity or other assets that are worth a comparable amount.
Any of these solutions can help couples fairly share the overall value of their investment properties during a Virginia divorce. Considering all viable solutions for the most valuable marital property will be important for those preparing for divorce in Virginia, as making this effort can help to better ensure a fair resolution to any concerns at hand.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=500992023-09-18T13:17:39Z2023-09-18T13:17:39ZParents may need to go back to court
The authority to decide where the children attend school stems from legal custody. The Virginia family courts will typically expect parents to share legal custody if they share physical custody or time with the children. Parents usually have the authority to make certain short-term decisions while with their children. For major decisions, like school enrollment, there is an expectation that those with shared legal custody will reach an agreement. They may need to sit down and have a lengthy conversation about what would be best for the children in order to reach a decision that they both agree is appropriate.
Sometimes, parents will find agreeing on educational matters frankly impossible. In that situation, the only option may be to go back to family court. A judge can look over the details of the situation and make a determination about what educational arrangements they believe would be in the best interests of the children.
When there is a need to litigate a decision-making matter related to educational options, there's never any guarantee about how the courts will rule. Understanding that going back to court may be the only means of resolving a protracted parenting conflict may help some adults compromise with each other or will at least help someone understand what to expect when education-related issues arise in a shared custody scenario in Virginia.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=500582023-08-18T02:48:26Z2023-08-18T02:48:26ZThe importance of timing in updating an estate plan
Estate plans must adapt to changes in the law, an individual's financial situation, family dynamics and personal preferences. Regular review and timely amendments help maintain the effectiveness of a plan. It’s always best to update an estate plan as soon as it becomes necessary because the current plan will be followed if the creator passes away before they make changes.
Situations that require an update
Several events might necessitate an immediate review and update of an estate plan. These include:
Changes in family structure: Marriage, divorce, birth or death of a family member or beneficiary
Financial changes: Significant changes in financial circumstances, such as acquiring or selling substantial assets
Relocation: Moving to a different state or country with other laws governing estates
Changes in tax laws: Legislative changes can alter the tax liabilities
The need to change an estate plan may also be triggered by changes in the health of anyone named in the plan. For example, the person named as power of attorney for health care and the individual named as power of attorney for finances should be in good health, so changing those designations may become necessary if either party has an adverse change in their health.
Estate planning is more than just crafting legal documents. The process reflects an individual's intentions, values and wishes. Recognizing the importance of timing and being proactive in making necessary updates can help to ensure that an estate plan aligns with the changing dynamics of life, law and personal circumstances.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=500572023-08-09T00:22:54Z2023-08-09T00:22:54Zapproximately 24,000 car crashes that same year which means that excessive speed remains a serious public health and safety issue even if fewer motorists are being cited for this particular behavior.
As a result of the fact that the state takes this reality seriously, if you’re driving in Virginia, paying a speeding ticket will result in immediate consequences, like points on your driving record and an effect on your car insurance rates in the long run. Therefore, understanding how long a traffic ticket will impact your car insurance is crucial for making informed decisions and minimizing the financial impact of this turn of events.
Impact of a traffic ticket
Your car insurance provider will likely be informed about the violation if you plead guilty to a traffic ticket by paying it. As a result, they may reevaluate your risk as a driver and increase your insurance premiums. This initial increase in rates could last for several months or even a couple of years, depending on the severity of the violation.
Thankfully, you can potentially avoid this increase in rates if you successfully fight the traffic ticket before it impacts your insurance. When you receive a speeding ticket, the issuing officer typically takes notes on the circumstances surrounding the violation. You have the right to request a copy of these notes, which can provide insight into the accuracy of the ticket. Any inconsistencies or errors you find can be used to strengthen your case.
Receiving a traffic ticket can lead to increased car insurance rates. But ultimately, you may be able to avoid a rate hike stemming from a recent ticket if you seek the guidance of a legal professional to help you successfully fight the ticket before it can impact your family’s budget now and for months or years to come.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=500552023-07-06T12:31:08Z2023-07-06T12:31:08ZAt least some of the savings are likely subject to division
Unless one of the spouses specifically earmarked their retirement savings as separate property, at least some of the account's balance will be subject to division. One of the first steps for property division negotiations or court preparation involves establishing how much of the account is marital property. Contributions made prior to the marriage remain separate property, but whatever someone or their employer contributed to the account during the marriage is likely subject to division.
If the spouses are not yet old enough to retire, then withdrawing funds directly from the account might trigger taxes or penalties. Thankfully, it is possible to have one of the lawyers working on the divorce draft a qualified domestic relations order (QDRO) that can split the account without generating those penalties.
Once a lawyer puts together the QDRO and has the courts approve it, the spouses can submit that document to the business or professional managing the retirement savings for the household. They will create a second account for the other spouse and deposit a specific percentage of the account's balance into that secondary account. So long as spouses follow the correct process, they will not have to worry about losing some of the balance of their savings to taxes or penalties.
Of course, many people worry about what splitting their retirement savings might mean for their future financial stability. They may happily give up other resources to retain the retirement account without dividing it.
Understanding what happens with retirement savings during the Virginia divorce can help people push for the most reasonable property division terms for their situation.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=500542023-07-03T09:26:12Z2023-07-03T09:26:12ZYes, financial changes may justify a modification
To update a child support order, a parent needs to request a formal modification. The modification process involves requesting a review and possibly a hearing in family court. The parent asking for a change to the support amount will generally need to submit evidence of how financial circumstances have changed.
When there has been a drop in income, the parent paying support could ask to reduce what they pay. However, there are minimum support amounts that often apply, and the state won't eliminate someone's obligations just because they lose their job or have to take a lower-paying position. If the difference in income is significant and the current payment is above the minimum amount, a parent may be able to reduce their obligations so they don't fall into arrears.
If the person making less is the parent who receives support, their drop in income could potentially influence the other spouse's obligations. Additionally, if the parent receiving support experiences a drastic increase in income, their improved circumstances might justify the other parent asking for a reduction in their support obligations.
A drastic change in household revenue is one of the many situations that could potentially justify a child support modification under current Virginia statutes. Seeking legal guidance is generally a good idea before initiating – or when responding to – the modification process.]]>On Behalf of Sevila, Saunders, Huddleston & White, P.C.https://www.sshw.com/?p=500532023-05-30T14:22:29Z2023-05-30T14:22:29ZDiscuss an appropriate schedule
Establishing the right family schedule for summer vacation when first creating a parenting plan is a very good move. Those who only have a basic breakdown of parenting time may need to discuss with one another the best way to share the summer months. Parents could split weeks in half or alternate them. Older children could potentially spend two weeks at a time or more at one parent's home. Ensuring that the children get to spend plenty of time with both parents during the summer months can help stave off later conflict.
Coordinate vacation plans
Whether one parent always travels to another state where their parents live or visits an amusement park with the children every summer, keeping those traditions alive can be very important for the family after the divorce. Vacations also represent an important opportunity for parents to reconnect with their children after a stressful family experience. Having rules that limit how long vacations last or where people will travel with the children can make scheduling vacations with minimal conflict an easier task for the family.
Identify expenses ahead of time
One of the biggest challenges about co-parenting during the summer is how expensive the children's demands may become, especially once they reach middle school and high school age. Child care expenses, summer camp tuition and other household costs may strain family budgets during the summer. Co-parents that identify and discuss how to handle those expenses ahead of time will be in a better position to avoid conflict with each other.
When properly managed, a summer shared custody schedule can give both of the parents time with the children and also an opportunity to unwind and recharge before recommitting themselves to Parenting with the kids again. Having the right parenting rules and plans in place may take some of the stress out of co-parenting at any time of the year.
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