By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at firstname.lastname@example.org. I look forward to helping you!
The information provided on this web blog is public information and is not individualized legal advice. Do not take any legal action on any information contained in this blog!!! Always consulting with an attorney in your state about your legal issues. The presentation of information on this blog does not establish any form of attorney-client relationship with my firm or with me. While I have attempted to maintain the information on this blog as accurately as possible, this information may contain errors or omissions, for which I disclaim any liability. Case law from other jurisdictions discussed here are discussed for comparative purposes only. The author is licensed to practice only in the Commonwealth of Virginia and not in any other state.
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In the unpublished opinion of Garrett v. Garrett, the Virginia Court of Appeals upheld a trial court decision refusing to classify a number of promissory notes as martial debt where the statutes of limitation to enforce the notes had expired. Further, the Court of Appeals upheld the trial court's refusal to classify the proceeds of the notes, even assuming they were unenforceable, as gifts to husband and thus his separate property where the evidence failed to prove any donative act or donative intent by the holders of the notes, husband's parents, The notes were never marked paid. Nor did his parents state an intention to discharge the debt.
Wife could seek to hold a husband in contempt in the Georgia Supreme Court case of Rogers v. McGahee for failing to pay joint debts that were assigned to him in the divorce proceeding even though husband had the debts discharged in bankruptcy.
Virginia Code Section 20-108.2 This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
Virginia Code Section 20-124.3 This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.