Maddox & Gerock

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Fairfax VA Family Law Blog

May Updates in the Law

A trial court may average a party's fluctuating income when determining a child support obligation, but only after calculating child support based on the party's current income.

Tidwell v. Late, 2017 Va. App. LEXIS 137, 799 S.E.2d 696, 2017 WL 2332824 (Va. Ct. App. May 30, 2017)

A Fairfax County Circuit Court judge heard a Father's Petition to Modify Child Support based on his position that there had been a material change in childcare costs and in income since their divorce decree, two years prior. The trial court found that there was a material change in income. However, when calculating the Father's new child support obligation, pursuant to Virginia Code section 20-108.2, the judge erred in calculating the Father's income, which was then reversed by the Court of Appeals.

Divorce and Your Pets

If you are considering a divorce and one of your top priorities is your pet, you are not alone. One report  shows that 27% of family lawyers surveyed have seen an increase in couples fighting for custody of their beloved pets. However, according to the Animal Legal Defense Fund, "in the eyes of the law, ...[pets]... are really no different than the silverware, the cars, [and] the home". In other words, the ownership of pets are determined by most courts like any other physical property.

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