How should I prepare for my meeting with my divorce attorney?

By Gwen M. Massie, Esquire -- Hall and Hall, PLC

When you are going through a divorce or in a custody battle, it is understandable that you find yourself operating in “crisis mode.” Your mind is probably going in a million different directions, you think of questions in the middle of the night, and analyze every situation.  We do our best to answer your questions and advise you during this time.  In preparing for a meeting with your attorney, here are a list of pointers to help the meeting go smoothly and help get all your questions answered:

    1) Set up a meeting a few days or a week away so that you have time to prepare your questions and don’t forget anything; be sure to write them down.

    2) Talk to friends and family members and see if they have any questions or can help you come up with a list of things to discuss with your attorney

    3) Read through any materials your attorney has already provided to make sure that doesn’t spark additional questions

    4) Bring your list of written questions and a notebook to write down the attorney’s answers so you can refer to it later

    5) Let the attorney know if you process information a certain way; for example, you are a visual learner and need to look at what you are discussing with your attorney in order to understand it.  This will help the attorney prepare for the meeting.

What can be income for child support?

Recently, the Court of Appeals of Virginia, in Oley v. Branch, a case of first impression, found that income from a Federal Pell Grant counted as income to a party for the purposes of determining child support.  Despite argument that this money was to be used for the party's education where Federal Pell Grants are issued "to help financially needy students meet the cost of their postsecondary education," the Court considered that Federal Pell Grants are not limited to the payment of tuition, and may also be used to pay the costs of room and board, books, and services. The Court also looked to Virginia Code section 20-108.2,  which defines gross income for the purposes of calculating child support, and to the case law.  In Frazer v. Frazer, the Court previously held that "Under Code § 20-108.2(C), gross income includes 'all income from all sources,' and unless specifically excluded, any income from any source is subject to inclusion."  23 Va. App. 358, 378, 477 S.E.2d 290, 299-300 (1996).  Other governmental assistance programs are specifically excluded under Code 20-108.2(C), such as supplemental security income benefits.  However, the Court concluded that the Federal Pell Grant does not fall into any of the exceptions, and is not specifically named as an exception. Therefore because the Code does not specifically exclude federal education grants, like the Pell Grant in this case, the Court found that they are to be considered income for purposes of support.

How to Plan Your Divorce - Richmond Times-Dispatch: Richmond, Virginia News, Sports, Politics, Classifieds And Commentary

How to Plan Your Divorce - Richmond Times-Dispatch: Richmond, Virginia News, Sports, Politics, Classifieds And Commentary

Supreme Court puts hold on same-sex marriages in Virginia - Richmond Times-Dispatch: Virginia Politics

Supreme Court puts hold on same-sex marriages in Virginia - Richmond Times-Dispatch: Virginia Politics

Co-parenting

We are again pleased to be part of Richmond Family Magazine with great articles, information, and ideas. Thanks to them for keeping this publication available to our community!

http://richmondfamilymagazine.com/rfm-community/test-co-parenting-skills-divorce

Appeals court: Gay marriages in Va. can begin next week - Richmond Times-Dispatch: Local Government & Politics

Appeals court: Gay marriages in Va. can begin next week - Richmond Times-Dispatch: Local Government & Politics

Pots, pans and other personal property in a divorce

Separation and divorce are difficult.   There are the emotions that go with the process that track the stages of loss and grieving.  If there are children, individuals have to determine how they are going to share time and parenting.  If there are assets like a house, financial accounts, or retirement, parties have to decide how those are going to be divided.  If there is debt, people have to determine how that will be paid.  Whew... that's a lot.   And then, people have to decide who gets what in the house:  the dining room suite; the bedroom furniture; the china, crystal and silver; the tools; the things in the attic; the pots and pans, etc.  We see so often that the division of personal property becomes the last battleground, the last place to play out the emotions of the divorce.  Some personal property has sentimental value; some personal property has monetary value; some personal property has minimal value.  People going through the process need to be careful in evaluating what to fight for -- is the value of the personal property item worth the cost in attorney fees?  Can it be replaced or is it one of kind?  Is the cost to replace the item less than the cost in attorney fees?  Do you have a need for the item after separation?  Do you have room for the item after separation?  Or does the fight over the item represent a show of control or something else? Value to the individual owner does not necessarily equate to value as determined by a Court.  Understanding all aspects of the division of tangible personal property to make good decisions is important.