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: