Charlottesville Divorce Lawyer Rob Hagy

Charlottesville Divorce Attorney Rob Hagy: Void Ab Initio Bigamous Marriage No Defense to Criminal Bigamy Charge.

In the case of State v. Clements, the South Dakota Supreme Court ruled that the criminal offense of bigamy is committed when one party to the marriage enters into a marriage contract or relationship while the party already has a living spouse.  The Defendant did not have the legal defense of impossiblity available to him by relying upon a state civil statute which declared that bigamous marriages are void ab initio. 

-Rob Hagy, Charlottesville Divorce Attorney.  For help with issues like this issue, please contact me at [email protected] or call me at (434)293-4562.  This defense has been tried on at least one occassion in Virginia.  And the Defendant in that case was unsuccessful just like the Defendant in this case. See Cole v. Commonwealth, 58 Va. App. 642, 712 S.E.2d 759 (2011).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Charlottesville Divorce Lawyer Rob Hagy: Divorcing Like An Adult.

Another superb article with some practical (as opposed to legal advice) for successfully navigating your way through your divorce.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer Rob Hagy: Divorce News for July 22, 2013.

Some great practical advice concerning post-divorce dating when you have children.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer: More on Social Security and Divorce.

Came across another informative article today while I was doing my daily reading to stay on top of developments in the area of divorce law on the social security and divorce.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer Rob Hagy: Divorce for Physicians.

Great article today from medscape.com on divorce and medical practices.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer: Award of Child Support and Attorneys Fees to Mother Upheld on Appeal.

In the case of James v. Owens, the Virginia Court of Appeals, in an unpublished opinion, held that the trial court properly awarded child support, determined child support arrearages, awarded attorney’s fees, and awarded expert witness fees to mother in a child support case. In determining father's income, the circuit court accepted the testimony of Mother's expert as to Father’s income and expenses.  The expert's calculations were derived from a series of conclusions the expert reached, such as that father was paying a significant amount of personal expenses through his business, over-reporting fuel expenses, under-reporting income from selling or renting trucks, and deducting expenses that were non-deductible.  The expert also concluded that withheld reporting certain income, such as insurance reimbursements from drivers and lease or installment payments for trucks that father owned. In reaching his conclusions, the expert reviewed not only father’s tax returns but also father’s bank statements, credit card statements, and trip tickets from drivers for his business.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer Rob Hagy: Gay Divorce

Interesting editorial in the Washington Post on the subject of Gay Divorce.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer Rob Hagy's Divorce Did You Know Edition 4.

 In Virginia, a court, in determining whether the application of the child support guidlines is appropriate, can consider imputing income to a party who is voluntarily unemployed or under-employed pursuant to Virginia Code Section 20-108.1(B)(3).

-Rob Hagy, Charlottesville Child Support Lawyer.  For questions about imputing income, please contact me at 434.293.4562 or email me at [email protected].

 

Happy 4th of July!

Charlottesville Child Support Attorney: Trial Court Improperly Imputed Income to Husband.

In the case of Heyat v. Rahnemaei, the Alabama Court of Civil Appeals, overturned the trial court's decision to impute $5,000.00 per month in income to the husband in determining husband's child support obligation.  The husband never made any large profit from his business and even though he had a bachelor's degree in civil engineering.  Husband had never held a job using that degree, was 58 years old and had built houses the majority of his life.  The last house husband built was several years before the trial and husband had not been able to sell the house.

-Rob Hagy, Charlottesville Child Support Lawyer.  In Virginia, a court, in determining whether the application of the child support guidlines is appropriate, can consider imputing income to a party who is voluntarily unemployed or under-employed pursuant to Virginia Code Section 20-108.1(B)(3).