Virginia Family Law Blog

Family law judges in Virginia follow a set of strict guidelines when determining how much child support a noncustodial parent should pay, but their decisions may be revisited and child support orders modified when the situation of one or both of the parents changes significantly. Child support modifications are often ordered when health care premiums or the incomes of either the custodial or noncustodial parent increase or decrease by 25% or more.

Many parents are not aware that they can petition the court to modify child support orders, which is why many noncustodial parents struggle to meet their financial responsibilities after suffering a financial setback. According to figures from the U.S. Census Bureau, almost half of the 5,845,000 American parents who are entitled to child support do not receive the full amount each month. While deadbeat dads do exist, many of these noncustodial parents simply do not have enough money to pay on time.

An increasing number of people in Virginia and across the country are choosing to divorce at a later stage in life. While divorce trends have remained steady or even decreased for younger Americans, the rates for people aged 50 and up have doubled in the past 30 years. Of course, younger people are still more likely to divorce, but the advent of increasing rates for older people leads to new considerations about health and finances. Divorcing later in life can have significant effects on people's well-being, especially as the end of a marriage is known to be a major life stressor.

There can be a number of physical and psychological health concerns associated with divorce, especially when older people with existing medical issues are involved. Later-in-life divorces are often associated with higher levels of depression or anxiety. These can be linked to physical changes as well. This is especially true because depression and stress are linked to heart disease, obesity, Type 2 diabetes and high blood pressure. Many people become less active and more sedentary after a divorce, and they may find it difficult to sleep. These can lead to an overall decline in health.

If you are one of the many Virginia residents who is getting married this year or in the near future, you probably have a lot on your plate. While planning a wedding can be fun and exciting, it can also be stressful and time-consuming. During this crazy time in your life, protecting yourself in the event your marriage does not work out is probably not high on your priority list. However, taking the time to create a prenuptial agreement that does just that would be time well spent.

There is a misconception that these marital contracts are only for the wealthy. The simple truth is, any couple, regardless of economic status, can benefit from having them in their legal arsenal. You never know how your marriage will play out. It is okay to want to protect yourself, your assets and, if applicable, any children you have from previous relationships.

Many Virginia residents know someone, either a relative or friend, who has been completely blind-sided by a divorce. He or she was living a regular, happy life when the other spouse came home one day and declared the marriage was over and there was no possible means of reconciliation. It may be hard to imagine there were no signs of problems, but sometimes one spouse has moved on while the other clings to the comfort and stability of the past. However, when a split seems all but inevitable, it can prove beneficial to begin preparation sooner rather than later.

The laws are clear that neither party in a divorce can hide assets or be anything less than completely honest in dealing with a pending divorce, but the reality is often different. Legal experts stress the importance of having full financial records as an imperative before initiating any divorce proceedings. This includes bank records, property deeds, retirement accounts, and perhaps most importantly, an accurate accounting of all debts and liabilities. By doing so, the individual is acquiring all the documentation needed but is also getting a good feel for the issues that will impact how the property division may play out.