Lack of financial assistance, lack of consistent contact, and the circumstances surrounding the relocation will be evaluated.
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You should be able to set up a new allotment so that she only receives an amount necessary to pay marital expenses and the remainder can go into an account of your choosing. You can start the divorce process while deployed, but it will be difficult to do since your appearance could be necessary at court before you return from deployment. You can start the process of preparing a proposed Separation Agreement which settles the division of assets, debts, custody, visitation, and support while deployed.
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Duty, Deployment, Divorce: The Family Law Guide For Military Members And Their Dependents
Tips to Reduce Divorce Stress from Virginia Attorneys
Answer: General District Court and Circuit Court Cases are public files. Unless the court has destroyed the file within its guidelines, you can contact the court and get a copy of the entire case file for a fee plus the cost of copies. If it’s a Juvenile & Domestic Relations Court case, the file is not public, but you should still be able to obtain a copy of the case if you are the subject of the case. If the court does not have a copy of the case file, you should find out what the court’s destruction policy is, then answer the application with as many details as you remember, and cite the court’s destruction policy and your efforts to obtain the copies. You may also wish to contact your attorney’s law firm to see if they still have your file. If she was a solo practitioner, you can contact the Virginia State Bar to determine if any attorneys are maintaining her files. The ethical rules only require attorneys to maintain files for 5 years, so if it’s more than 5 years old, this is less likely to work.
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Valuable Sources of Information For Your Virginia Legal Matter
Frequently Asked Questions Answered by an Experienced Virginia Attorney
The simple answer is yes, you can move out of state. However, if you move and he files for custody with the courts, the court could make you move back or give him custody of the children. If you move and remain for at least six months, that state will then have jurisdiction over the children and he would have to file for custody and/or visitation in that state.
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Virginia Child Support Laws & Guidelines
If I Remarry, Can I Still Receive Child Support From My Child’s Biological Parent?
Can a Separation Agreement or Court Order Stop My Spouse From Moving Out of State With My Children?
If there is not a current order which prohibits telephonic communication, then you cannot force her to only communicate via text. While we understand the need to document your communication, if your only reason for seeking a modification is to get an order requiring that all communication occur via text, then you may not be successful. In Virginia, you must show a material change in circumstances that justifies a modification of a current custody/visitation court order. Also, so long as the text-only order relates to communication between the parents, it should not affect your ability to Face-Time with your son, however, I would ensure that was in a court order as well.
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Virginia Child Support Laws
Four Ways to Avoid Smartphone Wars in a Joint Legal Custody Battle
Benefits of Meeting with a Divorce Lawyer
In Virginia, the court only has the authority to modify child support once a Motion to Amend has been filed and the opposing party has received proper notice of the Motion to Amend. If there is not a current child support order and it is an initial determination of child support, then the court has the authority to order child support commencing from the date the Petition for Child Support is filed. Thus, she cannot seek reimbursement for expenses and/or child support for periods of time prior to her filing a Petition or Motion with the court.
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Virginia Child Support Laws
Benefits of Meeting with a Divorce Lawyer
What if My Spouse Won’t Agree to a Divorce?
Your mother can speak with her bank and see if there is a payable on death (POD) option on her savings account. If she fills out a payable on death form, then at her death, the funds will go to the person(s) listed on that form. As these funds are in her name, they could possibly be subject to creditor’s claims at her death regardless of the payable on death designation.
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Wills, Trusts, and Estates
Are You Considering Your Digital Assets in the Estate Planning Process?
Writing and Updating Your Will
Whether a business credit card affects your personal credit depends on if the credit card issuer reports to consumer credit bureaus or business credit bureaus. Unfortunately, there is no uniform behavior; different companies do different things. One standard behavior; however, is a hard credit inquiry when you apply. This will cause a small temporary drop in your personal credit score and will remain on the report for two years as a pull. If you are concerned, you should inquire to the issuer of the business credit card as to their policy before applying.
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Virginia Small Business Representation
Ins and Outs of Small Business Credit
Different Types of Business Loans
Children are not generally responsible for the debts and other obligations of their parents when their parents die. A child is liable only if he or she is a joint debtor, co-signs, or otherwise agrees to pay the creditor. Virginia law sets out the priority for debts to be paid by an estate. Generally, if there is not enough to pay creditors, the administrator of the estate can send each creditor a letter stating that debts exceed the assets and creditors will be paid in accordance with the priority set under Virginia law. Estate administration costs are paid first, then creditors in the order established by statute until funds run out.
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Wills, Trusts, and Estates
What Happens to Credit Card Debt After You Die?
Five Common Estate Planning Mistakes and How to Avoid Them
A stolen SSN is cause for serious concern because it grants the thief complete access to your identity. If your bank card is stolen, you can close your accounts. It’s not that simple when your SSN is stolen. If your SSN is stolen, there are 5 things you should do immediately:
1. Contact one of the three major credit reporting agencies and place a fraud alert on your profile. The agency to which you reported will notify the other two.
2. Notify all three agencies that your SSN has been stolen. They will give you a free copy of your most recent credit report.
3. Report the incident to the IRS.
4. Report the incident to the Federal Trade Commission.
5. Report the incident to the Internet Crime Complaint Center. They will notify all relevant federal, state, and local authorities.
In addition, you should monitor your accounts closely and report any suspicious activity to your credit card company and bank.
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Identity Theft: Taking Back Your Life
Credit Agencies and Your Rights
Should I Get a New Social Security Number if Mine is Stolen?
Parks Zeigler, PLLC – Attorneys At Law
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