Federal law prohibits the assignment and attachment of social security benefits. What does that mean for your divorce case? The U.S. Supreme Court had a chance to examine similar provisions regarding railroad retirement benefits in Hisquierdo v Hisquierdo. In that case, the Court said a state divorce court may not treat railroad retirement benefits as […]
by Michael F. Calllahan You need a new Will post-divorce. After your divorce you should review your Will and all beneficiary designations to ensure that you do not unintentionally include a gift to your former spouse. You are no longer married so your former spouse need not be mentioned in the Will at all unless […]
by Michael F. Callahan A Will directs the passage of property after the death of the maker of the Will and names the testator’s personal representative. Wills are revocable – they can be modified or revoked by the testator so long as he or she is alive and has testamentary capacity. Most of our divorce […]
A Will is a written document directing the passage of property after the death of the maker of the Will – the “testator.” A valid Will must be executed by the testator with the requisite formalities – usually in the presence of two disinterested witnesses who also sign the document. Among other things a Will […]
Here is a comparison applying the child support guidelines of each local jurisdiction to a typical case: two children, sole custody, $0 health insurance and $0 child care costs and combined monthly income of $10,000, non-custodial parent’s income is $7,500 and custodial parent’s income is $2,500: District total support $25,174/12 = $2,098 custodial % of […]
A 2013 Virginia case, Wright v Wright, 61 Va. App. 432; 737 S.E. 2d 519; 2013 Va. App. LEXIS 53 prompted me to observe that a high earning spouse can increase what he, or she, gets to keep by paying expenses out of marital property and banking the post –separation earnings because in Virginia those […]
In a post titled “Determining Marital Property in Maryland, Virginia and the District Of Columbia” (June 17, 2011), I said: “This article is about when the accumulation of marital property ends. It starts at the time of the marriage. When you return from the honeymoon and go to work the next Monday morning you are […]
My last post said that when a spouse needs child support or custody relief in the first post-separation year in Virginia, the choices are filing a petition requesting custody and/or support relief in Juvenile & Domestic Relations Court (hereinafter “JDR”), asserting fault grounds in a complaint for divorce from bed and board and for the […]
But the court with jurisdiction of minors, including custody and support of minors, and support of spouses, is the Juvenile & Domestic Relations District Court (“JDR”). The Circuit Court only has concurrent jurisdiction over these matters if there is a divorce case pending.
Most married people want their surviving spouses taken care of when they die. When the marriage breaks down, most people no longer want to provide for their estranged spouse. But divorce takes time. And the state statutes and federal statutes protect spouses. Is there a way to successfully disinherit your spouse before the divorce is […]
Thyden Gross and Callahan divorce attorneys are here to help you. Our philosophy is that a constructive approach to cases, and a respectful approach to clients, lawyers, opposing spouses in divorce cases, best serves our clients.
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