Monday, August 18, 2014

Divorce Attorneys Fairfax Virginia Child Support

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a lawyer today about your Divorce Case.  An attorney from our firm will do his best to help you.
We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.
Rodriguez v. Rodriguez

Facts:

            In Fairfax, a child support agreement required the ex-husband pay $ 25 per week child support; the circuit court raised the amount to $ 50, and then upon the ex-husband's petition the circuit court reduced the amount to $ 35. The ex-wife petitioned the circuit court for general relief, alleging that the ex-husband was in arrears in his child support payments. The ex-wife was awarded judgment in the sum of $ 945, the amount of arrearages. On appeal, the court reversed and remanded, holding that because the younger child was still a minor in 1974, the circuit court had the power to order an increase in payments for his support and subsequently to order a reduction in payments. The ex-husband conceded that his contractual obligation to pay child support in the amount of $ 25 per week continued although the younger child had reached the age of majority. The ex-husband argued only that the divorce court lacked jurisdiction to enforce the support obligation, as modified. The court held that where contracts to support the children after their minority were incorporated into support decrees by a divorce court, they could only be modified by that court to the extent of its jurisdiction.

            If you are facing a Divorce case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

            The Virginia Court made the following holding:

  • The jurisdiction of a court to provide for child support pursuant to a divorce is purely statutory. The relevant statutes only deal with the court's power to provide for support and maintenance of minor children. Va. Code Ann. §§ 20-103 through -109.1. Once the child reaches majority, the jurisdiction of the divorce court to provide for his support and maintenance terminates unless otherwise provided by agreement incorporated into the divorce decree.
If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Divorce Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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