Domestic Relations

Question 1

Modifying Spousal Support

Answer 1

A court can modify spousal support orders to increase, decrease, or terminate payment, upon the petition of either party, as the circumstances may make proper, unless the parties specifically contracted otherwise. The court can modify a spousal support award if it finds that (1) there has been a material change in the circumstances of the parties, not reasonably contemplated by the parties when the award was made, or (2) an event that the court anticipated would occur during the duration of the award and which was significant in the making of the award, does not occur through no fault of the party seeking the modification. Additionally, a finding of hardship can justify a modification.

Question 2

Child Support Modification

Answer 2

Child support awards, visitation, and custody agreements can be modified by the issuing court or another court with jurisdiction upon a showing of a material change in circumstances that was neither voluntary nor foreseeable. On a parent’s petition, its own petition, or petition of a probation officer or Department of Social Services, the court can modify or make a new decree when the parents’ circumstances and interests of the children require.

The new decree operates only prospectively.

Question 3

Child Support Amount per Guidelines

Answer 3

In Virginia, there is a rebuttable presumption in any proceeding for child support, whether judicial or administrative, that the amount of child support calculated pursuant to the child support guidelines is correct.

Question 4

5 Big Areas

Courts can deviate from child support guidelines….

Answer 4

A court may deviate from the application of the child support guidelines only after making a written finding that the application of the guidelines would be unjust or inappropriate. The court’s finding that a deviation from the guidelines is appropriate must be based on relevant evidence and the following statutory factors:
1) Financial Responsibilities Beyond the Immediate Child;
2) Parental Income & Employment
3) Child-Related Needs and Resources
4) Educational & Custodial Considerations
5) Property and Other Financial Assets
6) Catch-All

Question 5

Failure to pay child support

Answer 5

Willful failure to pay support for a child or spouse is a criminal misdemeanor. Upon conviction, the person may be fined (not exceeding $500), confined in jail not exceeding twelve months, or both. The purpose of criminal contempt is to punish an obligor for willful default of the obligations imposed by the court. In Virginia, judges may issue attachments for contempt, and punish them summarily, for disobedience of any person to any lawful process, judgment, decree or order of the court, including support awards.

Question 6

At-fault Divorce and Spousal Support

Answer 6

Fault by either party must be considered (felony conviction, adultery, desertion, or cruelty) by a Virginia court determining whether to award spousal support. No spousal support may be awarded to a spouse who commits adultery, unless the court determines from clear and convincing evidence that denial of spousal support to the guilty party would constitute a “manifest injustice” based on the spouses’ respective degrees of fault (payor’s fault) and their relative economic circumstances (extreme economic disparity).

Question 7

Define

Separation Agreement and Validity

Answer 7

A separation agreement is a contract entered into by a married couple in contemplation of, or because of their separation. The court generally will enforce spousal maintenance and property division provisions in the agreement so long as the agreement is not unconscionable. In incorporating a separation agreement, the court can impose restrictions on the modification of the agreement unless the agreement specifically provides that it cannot be modified.