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December 2018 Archives

Filing a Chapter 13 bankruptcy in Virginia

Virginia residents seeking relief under the nation's bankruptcy laws generally file Chapter 13 rather than Chapter 7 petitions for one of two reasons. They could file a Chapter 13 bankruptcy because they have assets, such as a home, that they wish to protect, or they may be unable to pursue Chapter 7 bankruptcy because their income prevents them from passing the Chapter 7 means test. Individuals who earn more than the median income in their state are generally unable to pursue a Chapter 7 bankruptcy.

Options for dealing with a home in a divorce

When couples in Virginia separate or are ready to get a divorce, they may have a home they need to sell or that one person wants to keep. There are several factors to keep in mind at this stage. One is that neither person may be able to afford the house on a single income once they look at a monthly budget.

Why it's important for couples to get out of debt

Couples in Virginia might want to take steps to get out of debt. A survey from Fidelity found that more than half of partners are in debt when they enter a relationship. Of those people, more than one-third said money issues had a negative effect on the relationship, and almost half disagreed about which partner was at fault.

How grandparent child custody works

In the Commonwealth of Virginia, grandparents have the right to obtain custody of their grandchildren in certain situations. That's because Virginia allows any person with a legitimate interest in the well being of a child to petition. Getting custody requires a court order, and not all grandparents who petition will have their wishes granted. Grandparents can also petition for child visitation in cases where they are being denied visits by a child's guardian.

Child support is rarely a simple matter

Child support is one of the most important pieces of a divorce proceeding in Virginia and elsewhere because it directly pertains to the best interests of the child. In most cases, child support payment schedules will be included in the final divorce decree when sole or majority custody is granted. Essentially, this means that the parent who takes care of the child most or all of the time will be the one to receive payments. In addition, child support payments typically last until the child is no longer considered a minor at the age of 18, provided they have also graduated from high school. Otherwise, child support continues until the month the child graduates.

Helping children of divorce plan for the holidays

The holidays are usually a time for joy and family. However, as some Virginia families know, they can also be the source of stress and worry, particularly when it comes to planning holiday schedules for children after a divorce. Although the emotions associated with ending a marriage can be overwhelming for all involved, there are ways parents can make the experience more enjoyable for their children while maintaining a calm environment.

Options exist for parents who cannot get along

Whenever Virginia parents contemplate splitting up, their first concern is typically the details of the child custody and co-parenting arrangement. The type of agreement best suited for a family is largely dependent upon the nature of the parents' dealings with each other. If the parties are able to set aside hostilities and truly focus on the best interests of the children without bringing personal acrimony into parenting decisions, a collaborative agreement is recommended. Unfortunately, a large percentage of people are simply unable to operate with the level of cooperation needed for a collaborative parenting plan to effectively function.

Evidence needed to prove alcohol abuse in child custody cases

Many factors lead couples in Virginia to pursue divorce, but the endangerment of a child adds urgency to the matter for a concerned parent. A recent letter to an advice columnist from a father worried about his child in the company of a heavy-drinking mother highlights the need to collect evidence about an alcohol or drug-abusing spouse.

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Bowen Ten Cardani, PC

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