Virginia's governor recently attended his daughter's wedding. The governor's eldest daughter got married earlier this month. Unlike her sister who got married at the governor's mansion in Richmond, the eldest daughter decided to get married in Virginia Beach. The wedding did not draw much media attention. The governor's office did not announce it, and it was not on the daughter's official calendar. Once the marriage was announced, however, people began looking into the wedding details. The couple's registries were located and examined. Like many couple's, they registered for items like wine glasses and bake ware.
]]> Details like a couple's wedding registry are an important aspect of Virginia weddings. These are not the only things that engaged couples should be thinking about leading up to their wedding, however. Marriage is legally significant, and couples should explore and consider family law as it relates to wedding planning.One legal consideration before marriage are premarital agreements, which can help couples plan for the future in the unfortunate case of divorce. Virginia Code, Title 20, Chapter 8 governs premarital agreements. Specifically, this chapter addresses such considerations as the formalities and contents of premarital agreements.
To be valid, section 149 makes clear that the agreement must be in writing and signed by both parties. Further, the law establishes that the couple may not contract for an endless list of issues. Premarital agreements are largely limited to financial matters, like retirement asset division. Those matters that are in violation of the law or public policy, which probably includes custody orders of children, will not be enforced.
Weddings are a significant lifetime event. They require a great deal of planning. Couples must remember that the focus should not only be on flowers, but also on the serious legal implications of marriage.
Source: The Washington Post, "Jeanine McDonnell, Virginia governor's daughter, weds in Virginia Beach," The Reliable Source, May 13, 2013
]]>Parents who take the court order avenue may be affected by a United States Supreme Court case that examines a Virginia law concerning child support. The case is McBurney v. Young. The Supreme Court finally issued its decision on the matter at the end of April. The Court decided unanimously that Virginia's law, which limits open records requests to its own state citizens, is constitutional. The Court held that the Constitution does not guarantee a fundamental privilege of access to public information.
]]> This decision has significant impacts on child support orders. Parents who obtain a court order in Virginia and then later move out-of-state will likely be unable to request the order from the court under the Freedom of Information Act (FOIA). For the father involved in the McBurney case, who now resides in Rhode Island, this ruling prevented him from gaining access to information after being involved in a dispute over support enforcement. However, he discovered other methods by which to obtain the necessary information.In addition to uncovering these other informational avenues, legal professionals can help parents involved in a child support dispute identify ways to reach a support agreement. The parties involved do not necessarily need to be adversaries. For example, they can engage in informal negotiations with lawyers. They can also take part in out-of-court alternative dispute resolution. There are two main options: mediation and arbitration. Both involve a neutral third-party mediator. In arbitration, however, decisions may be more structured and only appealable through the court.
Child support disputes can be very stressful. However, there are many tools and methods available to parents involved in such disputes that can help them proceed amicably and even reach a mutual decision.
Source: The Atlantic, "Supreme Court says states are allowed to favor their own citizens," Garrett Epps, April 29, 2013
]]>While he was married to his first wife, a Virginia man decided to name her as the beneficiary of his federal employees' life insurance policy. Sadly, they faced the end of a marriage, ultimately filing for divorce. However, this is not where the story ends for the first wife. The Virginia man remarried. He forgot one thing during his second marriage -- to change the beneficiary designation on his federal insurance policy from his former spouse to his new wife.
]]> The beneficiary designation became an issue upon the man's death. The listed beneficiary, his former wife, got the money. His second wife sued to collect, relying on a Virginia law that revokes a beneficiary designation in favor of the new spouse. Nonetheless, the Virginia Supreme Court disagreed with the new spouse, and held that the listed person is to whom the insurance proceeds flow. This finding comports with federal law.At the focus of the U.S. Supreme Court case is the interplay between Virginia and federal law. The decision that comes down in the case can have significant impacts on couples in Virginia -- particularly those that divorce and forget to revoke their former spouse as a beneficiary. Federal law is clear: those named on as a beneficiary on a policy collect its proceeds.
When a federal law and state law concern the same issue, but call for different outcomes, federal law usually controls. This concept is known as preemption. Essentially, preemption outlines a sort of hierarchy in the law to provide guidance of what law is binding when there is a conflict. Preemption shares a familiar relationship with marriage and divorce. There are other laws that establish whether a spouse can share certain benefits with his spouse during or after marriage.
While the Virginia case before the Supreme Court does not explore an unfamiliar topic, it will hopefully finally resolve the issue of who is entitled to federal insurance proceeds. When the decision is finally issued by the Court, couples will be able to predict their future in the unlikely event that they divorce and are faced with an unexpected death.
Source: TriCities.com, "Court: Does ex- or current wife get money?," April 26, 2013
]]>A Virginia-based advocacy group wants to shift the focus of a family law case away from these types of details. The formation of the relationship and marriage is also important, and the Forced Marriage Initiative of the Tahirih Justice Center is the Virginia group with this goal. One of its project managers recently commented that people in the United States do not realize just how pervasive arranged or forced marriages really are in the country.
]]> These situations involve parents or other elders in the couples' close circles and how they bring them together to marry. The spouses' ability to choose to marry may range from a lot to no involvement in the selection. The Virginia-based group appreciates and recognizes the family law issues that arise from such situations, including trafficking, domestic abuse and child marriage.Often, those arranging or forcing the marriages overlook these serious issues. Nevertheless, they are important considerations that come into play if the couple is considering divorce or annulment. Divorce and annulment are both a ways to end a marriage, although a divorce recognizes that a marriage existed, while an annulment does not.
Those involved in situations of forced marriage may prefer to seek the latter form of marriage dissolution. They may have never wanted to marry, and this solution will erase any record of a marriage. To succeed with the annulment process, a spouse will need to establish certain facts. Fortunately, the way in which forced marriages occur will likely show the required facts.
For instance, one ground for an annulment is lack of consent. The law requires that both parties to a marriage have the mental capacity to consent and voluntarily consent to the relationship. If a spouse can show that they were completely forced into the marriage, this showing may be sufficient to dissolve the union.
Marriage dissolutions can be difficult and attract a great deal of attention. Those involved in the situation need to to focus on how the marriage formed as this may relate to how it can dissolve.
Source: Truth Out, "Arranged Marriage Is a US Issue," Eleanor J. Bader, April 20, 2013
]]>A Spotsylvania man recently faced these financial questions after winning the Virginia Mega Million lottery in 2009. After splitting the jackpot with two other winners, the 51-year-old man received $29 million. He reassessed his life, deciding that he wanted to remarry and have children. But, the Spotsylvania man was worried that women would only want to be with him because of his money -- an issue that usually leads to the end of a marriage.
]]> The man eventually rekindled a relationship with a woman he already knew. The couple began dating and eventually decided to marry. The woman insisted on a separation agreement. The lottery winner ultimately decided it was unnecessary. Now, the couple lives happily in Virginia on a 17-acre property and is expanding their family with two new babies.Sadly, not all marriages end so happily and couples need to prepare for the possibility of divorce. Separation agreements, also known as prenuptial agreements, are one preparation tool. They allow couples to plan and predict how property, assets and other issues will be handled in a divorce case.
Prenuptial agreements can include several provisions. In the Spotsylvania man's case, he could use it to ensure than his wife would not be able to dip into his lottery winnings upon divorce. Additionally, they could use a separation agreement to protect each other from their individual debts, like school loans or credit card debts.
Money can either make or break a marriage. It is important to consider this reality prior to marriage and take certain precautions like drafting a separation agreement to account for lottery winnings.
Source: Fredericksburg.com, "Lottery winner hits baby jackpot," Cathy Dyson, April 13, 2013
]]>The University of Virginia conducted a study on this very issue. The study is cleverly titled: "Knot Yet: The benefits and costs of delayed marriage in America." The study had some interesting findings. Women in their twenties are now having children before getting married at a higher rate. This phenomenon is occurring mainly amongst working-class women, or those with high school degrees. In fact, over 50 percent of women in this group will likely have their first child before marriage.
]]> The women who make this decision believe that having a child is important and do not want wait to find the perfect partner. Many assume that because they are older, they will not suffer from the same challenges as teen mothers. The Virginia study reveals that in fact the opposite is true, particularly because the working-class has been the most negatively affected section of the population by the economic downturn and persistently high unemployment rate. Children born to unwed older women can still suffer family instability, problems at school and drug problems.In light of this reality, Virginia women who find themselves in single-parent situations should appreciate that securing child support may be necessary. Child support can be extremely helpful. In the past, society understood it as something that provides children with only their most basic needs. However, child support is not so limited under the law. Child support can include a variety of costs, including daycare expenses, school expenses, medical expenses and much more.
Having a child presents unique and complicated issues. Child support is still an important consideration in the decision to have a child, especially in a single-parent situation.
Source: The Baltimore Sun, "For unwed moms, 25 is the new 15," Susan Reimer, April 1, 2013.
]]>The University of Virginia and other institutions conducted a study on this very issue. The study is cleverly titled -- "Knot Yet: The benefits and costs of delayed marriage in America" -- and has some interesting findings. Women in their twenties are now putting having children before getting married. This phenomenon is occurring mainly amongst working class women, or those with high school diplomas. In fact, over 50 percent of women in this group will likely have their first child before marriage.
]]> The women who make this decision want children but do not think they will find the perfect partner. Many individuals assume that because these women are older, they will not suffer from the same challenges as teen mothers. However, quite the opposite is true, particularly because the working class has been most affected by the economic downturn and unemployment. Children born to unwed older women can still suffer family instability, problems at school and addiction issues.In light of this reality, Virginian women who find themselves in single-parent situations should realize that securing child support may be necessary. Child support is extremely helpful. Some people may understand it as something that provides children with only their most basic needs. Child support is not so limited under the law, however. Child support can include a variety of costs, including: daycare expenses, school expenses, medical expenses and much more.
As women get older and become more settled in their careers, they can typically handle more responsibility. Having a child presents unique and complicated issues, however. Child support is still an important consideration in the decision to have a child, especially in a single-parent situation.
Source: The Baltimore Sun, "For unwed moms, 25 is the new 15," Susan Reimer, April 1, 2013
]]>For example, under current federal tax laws, when unmarried partners split, any transfers of assets between the parties may be subject to income taxes or gift taxes. While supporters of the universal right to marry cite this requirement as discriminatory toward homosexual couples who are unable to marry, supporters of heterosexual-exclusive marriage claim that separate-sex couples who do not marry experience the same tax consequences.
]]> Along with the opportunity to marry comes the opportunity to divorce with no tax consequences. When married couples divorce, transfers of assets are not viewed as taxable events. Therefore, married couples who file for divorce and end their marriages do not have to engage in the same tax discussions as separating unmarried partners. While tax issues are only a small part of the ongoing right-to-marry debate, they represent a significant legal consideration for any parties separating or filing for divorce.Couples who choose to end their marriages through divorce have to engage in many difficult negotiations to sort out issues ranging from the division of assets, child custody and continuing financial support. While some married couples may rely on agreements executed prior to marriage to help guide them through the difficulties of their divorces, others must confront all aspects of divorce at once.
Depending upon the cause of the divorce and the level of amicability that exists between the parties, some divorces can be resolved in court-approved settlements agreed upon by the parties. For others, a court will hear the parties and determine the best course of action regarding financial, custodial and support decisions. There are many options for people filing for divorce to help ensure that their rights are protected, whether a resolution comes through a settlement or a hearing.
Source: Forbes, "Right To Divorce? Just As Important As Right To Marry (No Kidding)," Robert W. Wood, March 27, 2013
]]>Virginia's neighboring state is considering adding yet another rule to the military law that governs such divorces. Senators in West Virginia have proposed a bill that would exclude veterans' disability payments from family support requirements. This is an exception to current law, which allows a divorce court to consider any source of income when determining family support. Lawmakers in support of the legislation argue that including such military disability pay in income calculations is unfair since the payments are intended to compensate for service.
]]> Although military divorce presents a unique situation, Virginians should remember that state and federal law treat these divorces similar to civilian divorces in many respects. For example, military retirement benefits are typically indistinguishable from civilian retirement benefits in divorce. In fact, the Uniformed Services Former Spouses Protection Act outlines that state courts -- including those in Virginia -- should divide military retirement benefits according to the state law that governs civilian divorce property division.Former spouses of military personnel can also recover additional benefits that civilians usually cannot, however. For instance, when a couple has been married for 20 years or more, the former spouse may be entitled to full medical privileges. This is quite a significant benefit that may outweigh the loss of income from disability payments.
When comparing the proposed legisaltion to existing law, it is clear that there are both similarities and differences between civilian and military divorces. Navigating the marriage and divorce laws is defintiely not an easy task. Seeking out advice is usually essential to maximize the benefits the laws offer in these different situations.
Source: Woub Public Media, "WV Bill Would Exempt Veterans' Payments From Divorce," March 16, 2013.
]]>While Virginia itself has yet to enact one, several other states have so-called "casino interception laws." These laws allow casinos to withhold winnings from anyone winning more than $1,200 and whose name appears in a database listing them as owing child support. In one state, $806,000 in casino winnings was given to the state's child support department in 2012.
]]> While the casinos do not realize any financial benefit from this law, it does not cost them anything but extra time and labor to search the database for each person who hits a jackpot for more than $1,200. Still, it can be difficult to do so when there are thousands of customers to serve. But, as some casino officials recognize, the silver lining is that the process is for a good cause - making sure that children's parents receive court-mandated child support.Using a casino to intercept child support money may sound like an offbeat way to ensure support enforcement. However, people in all types of financial situations - even those who earn a modest income - visit casinos either because of the lure of easy money or simply because they want to have good time every now and then. It admittedly seems ironic that a parent who cannot afford to stay caught up on child support can afford to visit a casino, but it happens nonetheless.
Those who owe child support cannot pretend to ignore it in hopes that it will go away. Failure to pay child support can result in many penalties, including suspension of a license, the loss of the privilege to obtain a passport and even jail time.
Source: The Atlanta Journal-Constitution, "La. casinos seize $800,000 for owed child support," March 10, 2013
]]>The National Center for Family & Marriage Research at Bowling Green State University has released data about people over 50. Although the national average for divorces has decreased, the divorce rate for people over 50 has actually doubled. One may assume that after facing the end of a marriage, a 50-year-old would not consider getting married again. Recent statistics actually reveal the opposite: nearly 50 percent of men and women over the age of 50 end up remarrying.
]]> A marriage later in life can raise complex legal, financial questions that a Virginian may not initially identify or consider. In addition, difficult questions are even more likely if the person entering into the new marriage has been divorced and receives alimony or other benefits from his or her former spouse.As a result, it is important for a person entering into a new marriage to be aware of these issues and the effects that the timing of a new marriage may have. For example, the law may not permit the individual entering into the new union to collect a former spouse's social security or pension benefits. Likewise, alimony payments end with a new marriage. Basically, Virginia law does not allow an individual to reap the financial benefits of both marriages.
Thus, Virginians who are 50 and older should evaluate their custody and support issues before quickly entering into another marriage. Sometimes, it can be beneficial to a delay a later-in-life marriage to maximize the benefits that can be collected under the law.
Source: Marketwatch.com, "Marrying after 50? Tackle these money issues first," Catey Hill, Feb. 27, 2013
]]>Professor Oman believes that one reason marriage exists is to exalt happy family situations. However, he recognizes another reason too. Oman contends that marriage law also exists to help smoothly resolve a divorce case. Put simply, marriage law exists to provide some sort of legal certainty for a couple's finances, property and family situations. He notes that whether or not gay marriage exists, gay people will still enter into relationships and some same-sex couples will inevitably split up. Their breakups can be more easily resolved if they can share in the benefit of the divorce laws.
]]> Virginia has many laws on which couples can rely to resolve disputes that arise during the dissolution of their marriage. For instance, one specific section of the Virginia Code governs the division of a couple's property and debts. The law explains how a court classifies property acquired outside and during marriage. It also sets forth how a court divides a couple's debts.In many situations, the law is a clear guideline on how property is to be divided. Another specific section of the law explains that the marital share of a personal injury award is jointly owned by a couple. This means that a husband and wife share an equal interest in such an award, and that a court will likely split it evenly between the two of them.
Marriage has many benefits. One that is not so obvious is the divorce law. The law can provide clear solutions at the end of a marriage when emotions are high, and it is not always obvious how to resolve the breakup.
Source: Deseret News, "Whatever your thoughts on marriage, gay divorce is a concern," Nathan B. Oman, Feb. 22, 2013
]]>McBurney is a case about a Virginia father to whom a Virginia court awarded child support from his ex-wife in a divorce decree. Even though the court entered this child support order in his favor, the father never received payments from his wife. The failure to pay is not solely his ex-wife's fault, however. Part of the problem relates to Virginia's open records law. After the father moved to Australia, he was no longer able to request the Virginia court documents because he is an out-of-state resident. Now, the U.S. Supreme Court will take up the case and determine whether Virginia's denial of access to the records to the out-of-state father violates constitutional rights.
]]> McBurney is clearly an extreme example of the difficulty that a parent may encounter when attempting to enforce a child support order. Nevertheless, it has important lessons for Virginia parents. Although many parents may not move out state and face the hurdle of the open records law, there are other difficulties that can arise. For example, the parent who is ordered to pay may fail to pay or have delinquent payments. The parent may also try to totally avoid payments if he or she faces unemployment.In such situations, the parent seeking to enforce the child support order has a host of remedies. The parent can get an order garnishing the other parent's wages or seizing the other parent's property. The parent may also get a court order, holding the other parent in contempt that can result in jail time.
Obtaining a child support decree is only the first step in collecting child support. Enforcement and collection is the next step, and this step can often prove challenging.
Source: The Atlantic, "Is Open Government a States' Rights Issue, Too?," Garrett Epps, Feb. 19, 2013
]]>The Virginia House of Delegates recently passed a bill declaring that parental rights are afforded the highest legal protection, designating these rights as "fundamental." With this designation, parental rights cannot be stripped from a parent without a compelling reason.
]]> Specifically, the bill enumerates custody and visitation rights, financial support for children, and the right to provide proper care as parental rights. Lawmakers in support of the bill felt it was necessary because courts have been encroaching on the right of parent to raise their children. Those opposed to the bill worry that it could create conflict with the best interests of the child standard, which could result in mandatory joint custody in all cases.When Virginia couples decide to divorce, they may have differing ideas about how to best raise their children. The best interests of the child may conflict with a parent's desire or right to be involved in the child's life or the rights of each parent may be in conflict. If parents are able to communicate and work together, they can often reach a compromise satisfactory to both parties with regard to child custody or visitation and child support.
In less agreeable situations, working with an experienced family law attorney can enable parents to protect their own rights and ensure that they do not get excluded from their children's lives because of the selfish desires or vindictive nature of the other parent. When the situation is not initially resolved in the best way, or if problems later arise, parents may also be able to work to modify or enforce a custody order.
Source: Rappahannock News, "Bill would make parental rights 'fundamental'," Shelby Mertens, Feb. 11, 2013
]]>In Virginia, a good portion of the nearly 330,000 children receiving child support are benefiting from a recently redesigned child support online portal. Although the portal was first introduced in 2007, it was redesigned and re-launched in 2009. Since the redevelopment, the amount of child support payments processed through the portal has continued to increase. Approximately $3.5 million in child support is paid via the portal each month, representing an 18 percent increase in 2012. Administrative costs involved in collecting child support and the time it takes for support payments to reach parents and children have decreased due to the portal's ability to accept payments from non-custodial parents and employers at all times.
]]> Child support enforcement is a frequently discussed issue in Virginia and across the country as failure to pay child support can be detrimental to a child's health, school performance and overall well-being. During a divorce, judges rely on the Virginia Child Support Guidelines to determine the amount of child support to be paid. Getting an order for child support is only the first step, however, as the order is effectively meaningless if a parent refuses or fails to pay.When non-custodial parents fail to pay child support because of their own financial hardships, a child support modification may be necessary so that both the child and parent's needs are taken into account. In other cases, though, the failure to pay may be due to animosity between parents or logistical hurdles that make paying support difficult. Electronic systems like the one being used in Virginia can allow parents to make payments whenever it is convenient for them, without interaction with the other parent, which can result in more payments collected and better provision for children's needs.
Source: PilotOnline.com, "Use of Virginia online child support program grows," Jan. 30, 2013
]]>