Will I have to pay child support?

February 21st, 2016

If you are the legal parent of a child, then the Commonwealth of Virginia says that you have an obligation to provide support for that child. There are actual numbers in the Code of Virginia that show the total gross family income and the amount of support that the legislature has determined is necessary for the support of up to 6 children.

Once you have that base number, that number can be increased by any work-related child care and any health insurance for the child. This will give you the total amount of support that should be provided for that child.

In the case where one parent has the child the majority of the time and the other parent has the child for less than 90 24-hour periods, the total child support obligation is multiplied by his or her percentage of the total family income and the non-custodial parent will pay his or her percentage to the custodial parent. For example, if the custodial parent earns 40% of the income and the non-custodial parent earns 60% of the income, then the non-custodial parent will pay 60% of the total child support obligation to the custodial parent.

In the case where the non-custodial parent has the child for more than 90 24-hour periods, there is another calculation where the amount of time the child spends with each parent is taken into account. The first step in this process multiplies the total child support obligation by 1.4. This higher number is then multiplied by the time each parent has the child and then multiplied by the percentage of income for each parent. This determines the total amount of child support for each parent and the difference between the two is the amount of child support that is paid by one parent to the other.

The calculation formulas are in the code, but most people use a calculation spreadsheet formula provided by a software vendor. Most attorneys, the courts, and the Department of Social Services, Division of Child Support Enforcement (DCSE) all use these same software vendors. There is also an online provider at www.SupportSolver.com that can be used for your own calculations, although the Courts or DCSE will use their own software for the actual numbers to be in the order.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Tags: , , ,
Posted in Children, Support | No Comments »

Can a policeman lie?

February 13th, 2016

The short answer is ‘yes’, a policeman (or policeperson) can — and often does- lie to you during their investigation. Of course, if they are under oath and on the stand in a courtroom, they are required to tell the truth. But I am talking about during the investigation phase. That time when they are asking you questions usually at the police station.

Sometimes, the policeman will tell you that someone in another room has already told them everything and they are giving you an opportunity to tell your side of it so that they can talk to the prosecutor and help you get a better deal. Sometimes they will tell you that they have evidence that they really don’t have. I’ve listened to tapes where the same policeman went to four different rooms and told each one of the potential defendants that he already knew everything — when in reality he had not gotten information from anyone.

Remember that during the investigation, it is the policeman’s job to get the information needed to help get a conviction. If they are talking to you in an interview room, they are not trying to be your friend!

So what should you do? The police officer will probably read you what are called ‘Miranda’ rights. These include the ‘right to remain silent, and anything that you say can and will be used against you in a court of law’ and the ‘right to an attorney and have that attorney present during questioning, if you cannot afford an attorney one will be appointed for you’. Once you have been read these rights you need to tell the officer ‘I want to talk to my attorney before I speak with you’, and then be quiet.

Don’t say, ‘do you think I need an attorney’? or ‘maybe I should talk to an attorney’. Very clearly say, ‘I want to talk to my attorney before I speak with you’. and then be quiet and say nothing else.

The policeman will probably tell you that they can’t help you if you refuse to talk to them, but stick to your statement and wait to speak to your attorney before you talk to them. This might mean you will spend the night in jail until you can have an attorney appointed for you, but that is much better than having you say something that can be used against you later.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Tags: , , ,
Posted in Crimes, General Information | No Comments »

Posting Online

January 23rd, 2016

I read a lot of legal question and answer sites and it always amazes me that people will put very detailed and personal information in an online forum, especially about criminal activity.

DO NOT DO THIS!

Online legal forums, and other online places, are open to the public. Yes, this means that you might get someone to answer your question for free, but you are more likely to have the details of your particular situation seen by everyone including the police and opposing counsel.

As a lawyer, I regularly look for online posts that refer to my clients or their opponents. And, yes, I can and do use this information for the benefit of my client.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Posted in General Information | No Comments »

Do Dads ever get custody?

January 15th, 2016

The short answer is ‘yes’, Dads often get legal and/or physical custody of their children!

In Virginia, the courts use what is called a ‘best interest of the child’ standard when deciding child custody matters. The factors are found in Virginia Code Section 20-124.3 and these are the things that any Judge, either in the Juvenile and Domestic Relations (JDR) District Court or the Circuit Court must consider before making a child custody decision.

If the child is very young, and the mother is breast feeding the child, that would make it much more difficult for a father to get custody at that time, but other than that, there is no presumption that a mother is the preferred parent.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Tags: , , , ,
Posted in Custody, Family Law | No Comments »

When can I file for custody of my baby?

January 9th, 2016

I’ve had two different people come into my office in the past month who want to establish custody for their unborn children. The problem is that custody cannot be established until the child is born and becomes an independent person.

You can do a lot to get ready. You will need the name, physical and mailing address, and phone number of the other parent so that they can be properly and legally served with any custody papers after the birth of your child.

In most jurisdictions in Virginia, the initial custody determination filing requires a small filing fee (I think it was $25 the last time I checked locally). Also, check with your Juvenile and Domestic Relations District Court Clerk’s office. In some areas, the petition is filed in the clerk’s office and in other areas the initial petition is prepared in a Court Services office. Some of the Court Services offices are in the courthouse and sometimes they are in a different building.

The timeframe for the initial appearance in court will depend on the jurisdiction and the court calendar, but count on it being at least a month before the initial hearing. Then, if mom and dad are in agreement about custody, the court can usually enter an order that day. If the matter is contested, you will be scheduled for a contested hearing and that may be 1-3 months out depending again on the court’s calendar.

Until the child is born, the most important thing you can do is to take good care of yourself and make sure that the child has every opportunity to be born safe and healthy.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Tags: , ,
Posted in Custody, Family Law | No Comments »

« Older Entries