What do i need to do with my child support order if I moved to Virginia from another state?

Virginia will recognize your child support order from another state and can help collect support from a non-paying parent. A parent who has a child support award from another state who wants to enforce the order or modify the child support amount in Virginia should request to register the order in the proper juvenile and domestic relations district court, circuit court, or the Department of Social Services. The parent will need to fill out a standard form, certify the amount of back child support owed, if any, and provide various copies of the child support order. The parent who wants to enforce the child support order may also choose to have payments made to a state support enforcement agency, such as the Department of Child Support Enforcement. If the paying parent has moved away from Virginia, it may be necessary to seek a modification of the child support order in a different state. Because the process of registering, enforcing, and modifying an out of state child support order can be complicated and confusing, it is advisable to seek the advice of an experienced attorney. -- By Heather Wheelock Winter, Associate at Hall & Hall.

I want to retire; can I terminate my spousal support?

A paying spouse may be able to terminate or modify spousal support upon their retirement; it depends. Generally, unless the spousal support order or agreement says otherwise, to terminate or modify the spousal support award, the paying spouse must show (1) a material change of circumstances and (2) that the change justifies altering the amount of spousal support. It is possible that retirement may be a material change in circumstances; but the Court will want to know why is that person retiring at the specific time, how old is the person seeking to retire, does the payor have the ability to work, is retirement a voluntary choice. To justify terminating or modifying spousal support, the court would then look at the financial circumstances of both spouses, including each person’s earning potential. The court would also analyze certain factors like the parties’ assets, age, physical and mental health, and the length of the marriage. Although retirement may be a material change in circumstances, it is not always true that the retiring spouse is not able to pay spousal support post-retirement and the retiring spouse may or may not get relief from spousal support. These decisions are fact specific and it is important to discuss your situation with an attorney when you are considering retiring. -- By Heather Wheelock Winter, Associate at Hall & Hall.

Do I get credit for paying health insurance premiums in child support?

 Effective July 1, 2015, the law better clarifies how health insurance cost will be calculated for child support purposes.  When determining the amount of child support owed by a parent, the court takes into account the amount paid by either parent or stepparent to provide health care coverage for the child.  The amount taken into account is limited to the proportionate share for the child’s health coverage.  With more blended families in Virginia, it was important to better articulate how credit may be given where children other than those for whom support is owed are also covered by the health insurance.  The new law provides that the cost per person shall be determined by the following formula: [total cost of coverage] – [cost of individual coverage for policy holder] / [number of remaining persons covered by the policy]. -- Kari Jackson, Associate at Hall & Hall

Can I get child support for a child who is over 18?

Effective July 1, 2015, the law in Virginia will change to expand the ability of the parent of a child who is severely and permanently mentally or physically disabled may file for child support.  Specifically, this legislation will allow the parent of a child who meets certain statutory requirements to file for child support even after the child has reached the age of 18 even if there is no existing child support order, so long as the permanent mental or physical disability existed prior to the child turning 18.  This is a change from the current law, which requires a parent of a mentally or physically disabled child to file for support and obtain a court order prior to the child reaching the age of 18.-- Kari Jackson, Associate at Hall & Hall

Are there any ways to share information about our children with my ex-spouse?

    Oftentimes, parents who have difficulty in their own relationship with each other may find it hard to communicate with each other about their child(ren). Parents can consider attending co-parenting classes together or co-parenting counseling. They can also consider using a program such as Family Wizard to organize their child(ren)’s schedule and records, to help communicate, to track expenses for the children, and to assist in work being done with other professionals.  Technology can some times help alleviate conflict so that parents can focus on their children and their parenting responsibilities. -- Heather Winter, Associate at Hall & Hall

How much alimony can I get?

Check out our article in Richmond Family Magazine on how alimony works:  
http://richmondfamilymagazine.com/rfm-community/66253/

What do I do if my spouse or the other parent is late in bringing back the children from visitation?

It's snow day # (I've lost count) in Henrico County and it made me think of this issue that we often see.  Your agreement or court order may or  may not provide a time when an exchange of children is to occur.  If it provides a specific time, we often receive inquires related to the other parent being late.  These inquires range from what to do if the parent is 10-15 minutes late to what to do if the parent is 30 minutes late, and beyond.  I thought of this question today, on snow day # (I've lost count).  During times of bad weather, parents may not be able to return a child as scheduled.  Could this be considered a violation of a court order?  Maybe yes; and maybe no. Yes, parents should follow court orders.  However, Courts may consider the circumstances of the lateness or non-return, if they are unusual.  Is it habitual?  Is it intentional? Or is it related to an event that is outside the control of the other parent (snow, accident, etc.).  Use good judgment in how you respond as the parent expecting the child to be returned.  If driving in bad weather just to get a child back by a specific time may put your child in danger, remember that the best interest of the child is paramount.  If you are supposed to deliver the child to the other parent, and you cannot do so as scheduled due to bad weather for example, be respectful in communicating with the other parent and think about how to make accommodations for the lost time of the other parent where it is no one's fault.