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Fairfax Legal Blog

How does Virginia enforce child support orders that go unpaid?

Divorce has a way of shaking up your financial circumstances. You will have to share your debt, as well as your assets, with your ex. Many people find that they have to adjust their expectation regarding their standard of living. In fact, it can be a downright struggle for you to make ends meet in the days immediately following the end of your marriage.

If you have primary custody of the children from your marriage, that can drastically increase the costs of maintaining your household. You will likely be dependent on child support for making ends meet financially. When your ex doesn't pay child support in full, you may have trouble paying rent or getting your kids the supplies they need for school or extracurricular activities.

The importance of the best interests of the child

What is in the best interests of the child is an important family law standard to be familiar with. What is in the best interests of the child guides child custody decision making. Because of this, it is important for divorcing parents to be familiar with.

The focus of child custody determinations is what is in the best interests of the child. This is true whether the family law court is developing a child custody arrangement for the divorcing parents or if the parents are negotiating a child custody arrangement between themselves. It is important that any child custody arrangement arrived at supports and fosters the child's overall well-being including the child's security, happiness, mental health and emotional development.

How are spousal support requests handled during a divorce?

Spousal support is one of the issues divorcing couples may need to resolve when they decide to end their marriage. In Virginia, spousal support is generally awarded only when it is necessary, so it is also useful to be aware of what necessary circumstances might be and when the court commonly awards spousal support.

In Virginia, the family law court may award spousal support during divorce in circumstances when there is a large gap in income between the spouses; when one spouse is not employed; when one spouse has a disability; and typically, when a marriage has been long-term rather than short-term. The nature, amount and duration of spousal support may also be awarded in different ways based on the family law court's evaluation of the request for spousal support.

Search and seizure laws protect Virginians accused of crimes

Criminal defense rights are critical for the protection of individuals accused of crimes. The criminal justice system can be intimidating for accused individuals to deal with, making knowing how to develop a criminal defense strategy vital for accused individuals facing any type of criminal charges.

Both the U.S. Constitution and the Virginia Constitution help protect the rights of individuals accused of crimes. One protection accused individuals enjoy is the right to be free from unreasonable searches and seizures. This applies in circumstances such as traffic stops, arrests and searches of people or places. Authorities must have probable cause to make an arrest or perform a search. Before the accused individual seeks to challenge alleged evidence against them, it may be necessary to challenge how it was collected if police did not follow required search and seizure procedures.

Virginia car accidents can result in soft tissue injuries

Unfortunately, car accidents are a daily occurrence in Virginia. To help ensure car accident victims get the financial help they need for the injuries they suffered in the crash, they need to know how they are protected legally. It is also important to understand how certain injuries, such as soft tissue injuries, will affect their life.

Soft tissue injuries are the types of injuries that impact the soft tissues of the body including the muscles, ligaments and tendons. Common examples of soft tissue injuries include sprains, strains and contusions. Victims of soft tissue injuries should know how to make a personal injury claim for damages if necessary to help them recover compensation for the damages caused by soft tissue injuries.

What are some common criminal defense strategies?

Strong legal strategies are essential for any accused individual facing criminal charges. The right criminal defense strategy can potentially help the accused avoid incarceration or significant fines. It could also potentially reduce the penalties and consequences the accused is facing. As a result, accused individuals should be familiar with how to defend against criminal charges.

There are different options available to defend against criminal charges. The best criminal defense strategy depends on the situation -- there is no one-size-fits-all strategy, as every case is unique. Depending on the circumstances, the accused may want to present a truth defense. The accused may also have an affirmative defense such as duress or entrapment. An accused individual may also want to challenge the evidence against them if it was not lawfully collected or if it is not reliable. In addition, accused individuals may wish to challenge witness statements or even observations of authorities.

What are reasons for Virginia to grant sole custody in a divorce?

Child custody was once a winner-take-all situation in the majority of divorces. The courts across the country used to favor custody arrangements in which one spouse received primary custody and the other received visitation. However, years of psychological and social research have made it clear that single-parent custody solutions usually don't benefit the children as much as shared custody.

Courts across the country, including in Virginia, now prefer to split physical and legal custody between the parents to minimize the trauma of the divorce on the children. The guiding principle for custody decisions in Virginia is always the best interests of the children involved. That means that if you can make a case for shared custody being deleterious to your children, the courts may still consider a sole custody arrangement.

How is property division handled in Virginia during a divorce?

Property division is one of the issues that will need to be worked out during the divorce process. It is helpful for divorcing couples in Virginia to understand how property division is handled according to the law. Divorcing couples likely have many property division questions.

Reaching a property division settlement agreement during a divorce can be a challenging process for many couples, however, family law resources may be able to make it a little simpler. When couples understand how property division is handled, it can help them know what to expect and to prioritize and protect their interests so they can work out a settlement agreement.

Legal protections for traumatic brain injury victims

Traumatic brain injuries are some of the most serious injuries that car accident victims face. As a result, it is important for victims and their families to be familiar with the legal protections available to them when they have been harmed by a negligent or careless driver.

A personal injury claim for damages can help a victim suffering from a traumatic brain injury with their physical, financial and emotional damages. Traumatic brain injuries can leave the victim unable to perform daily tasks and may also leave them unable to work. In addition, traumatic brain injuries can take a toll on the victim and their family in other ways as well.

How to challenge field sobriety tests and DUI charges

Field sobriety tests are important to understand because they can sometimes serve as the basis for drunk driving charges. Because of this, accused individuals should be familiar with how to challenge field sobriety tests and DUI charges.

The penalties and consequences for drunk driving charges can be significant, making it essential for accused individuals to be familiar with DUI/DWI defense options. It is important to note that the police officer conducting a field sobriety test must be properly trained in its administration and interpretation. If they are not properly trained, the accused may use this as a defense. Drunk driving charges may also be based on the observations of the police officer, which is why it is useful to know how to challenge the facts alleged by police as well.

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