Here are the step-by-step instructions you need to know to modify your child support post-divorce in Virginia.
Estimated Reading Time: 6min 59sec
No one has it easy as a marriage comes to an end. But things become even more complicated – and the potential for immense emotional pain only grows – when a child is involved.
Our legal system has set up standards that remove the emotion from custody decisions.
Estimated Reading Time: 8 min read
Virginia statutory law speaks generally of the criteria that a judge must consider when deciding an alimony case. However, the listed criteria give almost no guidance to the courts when making a determination as to “how much” spousal support is to be paid and “for how long” spousal support should last.
Estimated Reading Time: 3 Minutes 30 seconds
Dividing and distributing assets in a Virginia divorce is a four-step process:
Identify and determine ownership of the asset;
Determine the value of the asset;
Classify the asset (does it belong to the marriage or to an individual spouse); and
Reach mutual agreement on how the asset will be divided using the law as a guideline, being mindful of tax implications, and assessing fairness considering a variety of factors, both financial and non-financial.
Estimated Reading Time: 4 Minutes 20 seconds
In a Virginia Divorce, Judges Only Divide Marital Assets Acquired Before Separation
In a Virginia divorce, judges have the power to divide and distribute assets and debts that were acquired during the marriage, known as “marital property” (a legal classification). The term “during the marriage” is defined as beginning at the date of the couple’s marriage and ending at their date of separation (not the date of divorce, as most people believe).
Judges, in a Virginia divorce, do not have the power to divide and distribute assets and debts which were not acquired during the marriage, known as “separate property” (a legal classification). The term “separate property” includes assets and debts acquired prior to the marriage, after the parties’ date of separation, and acquired by inheritance or gift.
Estimated Reading Time: 2 min 30 sec
There is no guarantee of alimony in a Virginia divorce. There are rules of thumb — but no hard and fast laws. Attorneys in Virginia accurately refer to alimony (also called spousal support) as the “Wild West.
Estimated Reading Time: 8 Minutes 50 seconds
Starting Jan 1, 2019, the long-standing tax rules associated with alimony have significantly changed, and alimony is no longer tax deductible by the payer; nor is it taxable to the receiver. The new law, however, does not apply retroactively.