FAQs | Frequently Asked Legal Questions

Can I Change The Child Support Requirements After The Divorce Is Final?

25 Nov 2014

Yes – child support is always modifiable; however, you must prove a material change in circumstances before getting to recalculation. Qualifying changes vary widely but can include an increase or decrease in either parent’s income or a seriously ill child (physically or mentally) who needs treatment. Do not settle for verbal agreements between the other parent, they are not legally valid. Once a court order is in place, you need...

I Have Disputed Items On My Credit Reports, But The Credit Reporting Agencies Will Not Remove Them, Can I Take Legal Action Against Them?

24 Nov 2014

Yes. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. Under the Fair Crediting Reporting Act (“FCRA”), credit reporting agencies must investigate your dispute and unless verified by the reporting creditors (called “furnishers” under the FCRA), they must remove the items from your file. The furnishers must investigate when contacted by the credit reporting agencies. If either the agencies or the furnishers fail to do...

Is Adultery A Crime In Virginia?

22 Aug 2014

Yes. With all of the social changes over the last century, many people are surprised to learn that adultery is still a crime in Virginia. Having an affair can not only ruin a marriage but it is also a class 4 misdemeanor. That means that it is a crime punishable by a fine and the stigma of having a conviction. Adultery may also be a crime under military law, depending on...

My Ex-Spouse Has A Court Order To Pay Off A Joint Debt, But He Won’t Pay It. Does This Damage My Credit?

11 Aug 2014

Yes, as long as your name is on the account or loan. If possible, get the debt entirely in your ex-spouse's name. Transfer or consolidate balances on loans and credit cards. If your divorce has already been finalized, you might be able to show the lender your divorce decree and have your name removed from the loan (if the divorce decree states that your ex is responsible for paying the...

If I Remarry, Can I Still Receive Child Support From My Child’s Biological Parent?

08 Aug 2014

Yes. Your marital status has no immediate impact on getting child support. In fact, your spouse’s income isn’t part of the presumptive child support guidelines at all when calculating the amount of support to be paid by the noncustodial biological parent. However, if your new spouse adopts your child, then the other biological parent’s support would cease, as his/her rights will have been terminated.

I Have Custody Of My Daughter’s Children (My Grandchildren), Can I Collect Child Support From Their Father?

06 Aug 2014

Yes. If you have legal custody, you are entitled to support and can petition the court to award support from the father as well as from your daughter.

Am I Responsible For My Spouse’s Debt Incurred Before Our Marriage?

16 Apr 2014

No. The Code of Virginia classifies property as separate, marital, or a hybrid of both. Property obtained or debt incurred prior to marriage is included in the definition of Separate Property. The only way you could be responsible for the pre-marital debt of your spouse is if somehow that debt became co-mingled with marital debt and tracing it back out was impossible. This sometimes occurs with property, but is much harder to...

Should I Use Credit Cards For Downloading Apps Or Playing Games Online?

25 Mar 2014

No. To maximize security, consider using a gift card instead. This can protect you from potential fraud and theft loss. While debit/credit cards have fraud protections as to losses (which are different depending on which is used), it's a hassle to work through the loss and get your money back in your bank account or transactions off your credit card account. If a system is hacked, a gift card may...

I Received A Letter From Sentara About Possible Theft Of My Identity, What Do I Do Now?

27 Nov 2013

Sentara has offered those affected a free one-year membership to monitor your credit reports – you should sign up for that immediately. Review your credit reports very carefully. If you do not see any errors at this time, be sure to check every few weeks or so over the next year. This information may have been sold to other thieves who could be waiting to use it. If errors show up...

How Often Should I Check My Credit Reports?

31 Aug 2013

We have advised, on several occasions, that everyone should obtain his or her free annual credit reports from the three main credit-reporting agencies. Try staggering them and get a report from one of the three agencies every four to five months, thereby allowing you to check your reported information periodically. You can use the form from our website and select the agency at the bottom before mailing in your request. For most people...