Under what circumstances will the court award alimony or spousal support?
Two of the most important circumstances that courts consider in making spousal support decisions are the length of the marriage and the relative incomes of the parties. If the divorce will leave one spouse with very little income compared to the other, the court will often award alimony, at least temporarily.
Spousal support is often awarded in cases in which one spouse put his or her education or career on hold, allowing the other more time to focus on his or her career. Click here for additional information on alimony and spousal support.
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How is the amount of child support calculated?
The amount of child support to be paid is generally determined by reference to the Virginia statutory child support guidelines. Judges issuing child support orders may consider the following factors:
- The child's standard of living before the separation or divorce
- The paying parent's ability to pay
- The custodial parent's needs and income
- The needs of the child or children
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Once a court issues a child support order, can the amount of support that is paid be changed?
The amount of child support may be changed if that would be appropriate due to the changing circumstances of the parents or the child.
If the parents agree to a change in court-ordered support, the court still must approve it in order for it to be enforceable.
When there is no voluntary agreement, the person seeking the change must request a court hearing. Usually, the court will not grant the request unless there has been a significant change in circumstances. Click here for additional information on child support.
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How does a court decide which parent will get custody of a child?
When the parents cannot agree on a custody arrangement, the court will make the decision for them. The court must always protect the best interests of the child. The court may consider a number of factors in determining custody, including:
- The child's age
- The child's gender
- The child's physical and mental health
- The parents' physical and mental health
- The child's preference, giving consideration to the child's age and maturity
- The parents' lifestyles
- Any history of abuse
- The emotional bonds between the parent and the child
- The parents’ ability to give the child guidance
- The parents’ ability to provide the basic necessities
- The child's routines
- The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent
- Who has been the child's primary caretaker?
Click here for additional information on child custody.
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What kinds of assets are divided in a divorce?
Property the couple acquired during the marriage (marital property) can be divided by an agreement between the two parties. Otherwise, a judge will divide this property.
Tangible personal property may include vehicles, furniture, antiques, tools, etc. Intangible property is also personal property that will be divided in a divorce. Examples of intangible property include retirement accounts, savings accounts and investments. Click here for additional information on separation of assets.
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What terms should be included in a separation agreement?
Separation agreements are not always legally necessary, but are often important when the parties have very different financial situations. A formal separation agreement can help ensure that all family members' needs are met. A separation agreement is a legally binding contract that sets out the parties' rights and responsibilities. The terms of such separation agreements vary, but the following items are usually addressed: - The spouses' right to live separately
- Custody of the children
- A visitation schedule
- Child support
- Alimony or spousal support
- The children's expenses
- Division of tangible and intangible property
- Division of joint debts
- Insurance issues (medical, dental and life)
- Filing and handling of income tax* returns
Click here for additional information in regards to separation agreements.
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What is the purpose of a deed?
Deeds indicate ownership of real estate, with a legal description of the property and the names of the old and new owners.
Have an experienced real estate lawyer review your deed. Call the law firm of Miller, Walsh & Kutz.
Click here for additional information on real estate and deeds.
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What is joint tenancy?
Joint tenancy is an arrangement in which more than one person owns a piece of property – a popular arrangement for commercial partners and cohabiting unmarried couples.
The experienced real estate lawyers of Miller, Walsh & Kutz can help you form the arrangement that best fits your situation.
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What is the difference between a corporation and a limited liability company (LLC)?
Both a corporation and a limited liability company provide protection against claims against your personal assets.
The main difference between the two involves the treatment of profits and losses on income taxes*. A corporation is a taxable entity and pays taxes* on its profits. A limited liability company does not pay taxes* at the corporate level, but its profits and losses are taxed on each member's individual tax return.
In a corporation, the owners are referred to as shareholders, and in a limited liability company, the owners are referred to as members.
Additionally, the chief executive officer of a corporation is the President, while the chief executive officer of a limited liability corporation is the Manager.
Call the law practice of Miller, Walsh & Kutz. We’re experienced in helping business owners and new entrepreneurs form Virginia corporations or Virginia Limited Liability Companies. Click here for additional information on business law. Back to Top
If I am operating a business with another person, should I form a partnership or incorporate?
If you are in business with another person, you should have a partnership agreement indicating who owns the business and how decisions are made.
Another important aspect of the agreement is determining what happens upon the death of one of the owners. Often, it is best to set up a corporation or limited liability company so that your personal assets will be protected from the debts of the partnership.
Call the lawyers of Miller, Walsh & Kutz. We can help you form a partnership agreement that suits your business. Click here for additional information on business law.
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How do I get bail if the judge denies bail?
You may have an attorney schedule a bond hearing. Call Miller, Walsh & Kutz as soon as possible. We will do everything we can to assure the judge that you will not leave town if released and that you do not pose a threat to the public.
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I was given a ticket and released with a date to appear in court. What do I do?
The ticket gives a date, time and courthouse at which to appear. Failure to appear may result in a bench warrant issued for an arrest.
If you retain an attorney from Miller, Walsh & Kutz, we will get the police reports, review them with you, and negotiate with the prosecutor to get the very best offer possible. Furthermore, we will keep you informed, always discussing your options throughout the process. Click here for additional information on traffic defense.
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How much will it cost to retain a lawyer?
The law firm of Miller, Walsh & Kutz assesses each case individually, because each person’s case in unique. At the end of your free initial consultation, we will discuss the fee in detail with you.
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Wouldn't it be easier and/or cheaper to just mail in a check and pay my ticket?
When you mail in your traffic ticket, it is a guilty plea that frequently cannot be reversed. Depending on your record, this may increase your insurance rate or cause you to lose your license.
It is important that you make the best decision. Call the law practice of Miller, Walsh & Kutz for a free consultation.
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This is my first DWI. Can I be sentenced to active prison time?
First-time offenders arrested for drunk driving with a BAC of .15 to .19, will get a mandatory jail sentence of five days. The stakes become even higher for individuals with a BAC of .2 or higher, resulting in 10 days of jail time.
Virginia DWI/DUI laws are harsh. If you are convicted of drunk driving in Virginia, you will likely face significant fines, jail time and short-term suspension or revocation of your driver's license.
It’s important that you contact a lawyer from Miller, Walsh & Kutz as soon as possible. We’ll extensively prepare for your case and defend you against the serious allegations. Click here for additional information on DWI. Back to Top
I blew over .08. Shouldn’t I just plead guilty?
It is best to consult with a lawyer. There may be evidence or an error in the process that may result in a dismissal of the case or finding of not guilty.
Call the law firm of Miller, Walsh & Kutz. We will thoroughly research the details of your case.
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What is “Probate”?
When there is a will, probate is the process of establishing its validity, determining the beneficiaries and qualifying the executor. In the absence of a will, probate is the process of legally determining the deceased died without a will, and identifying the deceased's heirs-at-law and administer. Probate is usually done before the Clerk of Court. After probate is complete, the executor or administrator must administer the estate under the supervision of the courts. Let us help you during this stressful and time-consuming process. Call the law practice of Miller, Walsh & Kutz now for a free consultation with an attorney. Click here for additional information on probate and trust administration.
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Who is authorized to make a will?
Any person over the age of 18 with sufficient mental capacity may make a will. To have your will professionally prepared, Call Miller, Walsh & Kutz.
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Can a will be changed?
Yes. Any changes to a will must be signed and witnessed in the same manner as the original will. Therefore, it is not advisable to cross out any words in a will, because such changes may create doubt later on.
It is best to execute a new will any time changes are desired.
Click here for additional information on wills.
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Can I leave property to young children in my will?
Children under 18 can inherit property, but an adult must manage anything valuable for them. Therefore, you must name someone to manage property you leave to minors. In addition, you may wish to protect young adults from mismanagement of funds left to them. You may do this through a “trust for under age beneficiaries” or a custodial account under the Virginia Uniform Transfers to Minors Act (VUTMA). The experienced attorneys of Miller, Walsh & Kuts will make sure you consider all the possible challenges that may arise, making sure everything meets your wishes. Back to Top
If a parent dies leaving credit card debts, are the heirs responsible for the debt, even if there is a will?
Debts of a deceased must be paid off with the assets of the estate. If, however, the person who died left insufficient assets to pay the debts, this is an insolvent estate. The heirs are not personally liable for the debts, as long as the debt was only in the name of the person who died.
Insolvent estates are tricky to administer. If you are involved in probating an estate, contact the attorneyrs of Miller, Walsh & Kutz for a free consultation.
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What is limited guardianship and conservatorship?
Limited means that the guardian’s or conservator’s authority is limited to specific matters only. It is used when decisional help is needed for specific tasks but not for all tasks. For example, an incapacitated person may be able to take care of his daily needs, but is unable to make health care and financial decisions. In such situations, a judge will usually appoint a limited guardian or conservator to help with these specific decisions.
The law practice of Miller, Walsh & Kutz has extensive experience in these matters. If you are seeking guardianship or conservatorship of a loved one, call us now for a free consultation.
Click here for additional information on guardianship and conservatorship.
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How are guardianships and conservatorships terminated?
A guardianship or conservatorship terminates upon death of the protected person. In addition, an appointment may be terminated if clear and convincing evidence shows that the protected person no longer needs the assistance of a guardian and/or conservator.
At any time, a protected person, guardian, conservator or any interested person may petition for removal of a guardian or conservator on the grounds that it would be in the best interest of the protected person or for other good cause.
If you are interested in having a guardianship or conservatorship terminated, call the lawyers of Miller, Walsh & Kutz for a free consultation.
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Should I update my will when I move to another state?
You should have your current will reviewed whenever you move to a new state. While a will that was valid in the state where it was drafted should remain valid when you move to Virginia, there may be differences between Virginia’s laws and the laws of the state you moved from that may make some of the provisions within the will either unenforceable or different than you intended. Your will may refer to particular statutes from the prior state. These references should be changed to refer to similar provisions in the Virginia Code. If you move from a community property state (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin) to a common law state like Virginia, the property laws are quite different and this can have a significant effect on your estate plan. Consider, too, whether there is language you could add to your will that would make it easier to administer your estate in Virginia, and whether the person(s) you have selected to serve as Executor, Trustee and/or Guardian still make(s) sense after the move. For instance, while non-residents can serve in these roles in Virginia, it is more difficult for them to do it than it is for residents. Finally, you should also have your power of attorney and advance medical directive or living will reviewed to see if the documents need to be updated to meet Virginia’s laws.
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