Charlottesville Divorce Lawyer Rob Hagy

Rob Hagy Charlottesville Divorce and Child Support Lawyer: Child Support Guidelines Required Before Incorporation of Agreement.

In the case of Deshpande v. Deshpande, the Connecticut Appellate Court ruled that the trial erred in incorporating the parties's agreements specifying the amount of child support into it's child support order.  The court was statutorily required to make an initial finding specficying the presumptive amount of the child support obligation under the child support guidelines and also had to make findings explaining the reasons for any deviation from the guideline amount.  In this case, when it incorporated the agreement, it did not make an initial finding concerning the presumptive amount of support nor did it explain the reason for any deviation from the guideline amount. 

In Virginia, the law is very similar.  According to Virginia Code Section 20-108.1 and Virginia Code Section 20-108.2, a trial court must always first determine and calculate the presumptive amount of child support, and then consider the terms of the separation agreement to determine whether application of the guidelines would be unjust or inappropriate based upon the agreement and whether the terms of the agreement serve the best interests of the child.  Richardson v. Richardson, 12 Va. App. 18 (1991).

-Rob Hagy of Rob Hagy Law, Charlottesville Divorce and Child Support Lawyer. For help with your child support questions, please contact me at (434)293-4562 or email me at [email protected].  For more information, visit me on the web at www.charlottesvilledivorceattorney.com. 

 

Charlottesville Divorce Lawyer Rob Hagy-Divorce Did You Know #5-What Is A Four Way Conference?

A four way conference is a face to face meeting between divorce attorneys and their clients usually designed to advance settlement negotiations in a case.  It can be helpful but should be approached cautiously depending on the decision-making style of the client and the power dynamics of the spousal relationship.  I generally do not recommend face to face meetings if there has been domestic violence or other spousal abuse.

-Rob Hagy of Rob Hagy Law, Charlottesville Divorce Lawyer.  If you have questions about four way conferences, please contact me at (434)293

Charlottesville Spousal Support Lawyer Rob Hagy: Wife Entitled To $2,150 Per Month In Spousal Support.

In the case of Patterson v. Patterson, the Virginia Court of Appeals, in an unpublished opinion, ruled that a wife was entitled to $2,150.00 per month in spousal support.  The parties had been married for twenty-six years and that three children were born of the marriage.  Further, the husband was in good physical condition.  The wife's physical condition was deteriorating.  She had been diagnosed with lymphoma, lupus, and diabetes.  During the marriage, both parties worked, although husband was the "primary breadwinner" and wife was the "primary caretaker of the children."  Both parties contributed one hundred percent of their activities ane energies, both monetary and non-monetary, to the marriage and the well being of their family throughout the majority of their marriage.  Wife's physical condition limits her employment skills in the future.  Wife showed a need for spousal support and husband has shown an ability to provide it.  The trial court properly deemed some of husband's monthly expenses as excessive.  The court disregarded the husband's recreation and charitable donations.  The court disregarded the money he pays his adult daugther and the excessive expenses he listed for automobile costs.  The court also properly reduced the excessive monthly debt payments the husband claims he makes.

Husband also asserts that the trial court should have considered wife’s earning capacity; however, husband presented no evidence as to what wife may have been able to earn. To the contrary, the evidence was that wife was on permanent disability and unable to work.

 

 

-Rob Hagy of Rob Hagy Law, Charlottesville Divorce and Spousal Support Lawyer.  For answers to your questions about spousal support, please contact me at (434)293-4562 or email me at [email protected]. 

 

 

 

 

 

 

Charlottesville Divorce Lawyer: The Importance of Good Communication.

Within the last few weeks, I've had several clients come to speak with me because they were dissastified with their current attorneys.  Were their current attorneys doing bad jobs? No, not really, but the clients did not feel like their attorneys were really listening to what they had to say about their wants, concerns, wishes, and fears.  Some told me important information they never shared with their current attorneys because they were never asked or were even afraid to tell their attorneys the information.  Some of the advice the clients had received was delivered abruptly and in a rush.  Even if it was good advice the clients had doubts.  Obviously, this was impeding the clients' abilities to resolve their divorces.  In fact, these communication difficulties were undermining the clients trust in otherwise very capable attorneys.  These experiences just reminded me about how important it is to let my clients do more talking to me than I to them and how important it is that I show them respect and that I demonstrate my interest in hearing what they have to say and what is on their mind about their situations.  These experiences also reminded me just how important it is to be nonjudgmental when speaking with my clients and that I try to be a good listener and a good teacher when it comes time to explain the law to them.

-Rob Hagy, Charlottesville Divorce Lawyer.  For a second opinion about your legal situation, please contact me at (434)293-4562 or email me at [email protected].

Charlottesville Divorce Lawyer Rob Hagy: Having Siblings Reduces Risk of Divorce.

Interesting article today from U.S. News and World Report.

-Rob Hagy, Charlottesville Divorce Lawyer.

Charlottesville Divorce Lawyer: Defendant Properly Convicted of Felony Violation of Protective Order.

In the case of Calloway v. Commonwealth of Virginia, the Virginia Court of Appeals, in a published opinion, ruled that the trial court did not err in convicting the Defendant, a former boyfriend, of felonious violation of a protective order where evidence was sufficient to prove the Defendant appellant “furtively” entered victim’s home.  A first-offense violation of a protective order is ordinarily a misdemeanor. See Code § 16.1-253.1(C). But Code § 16.1-253.2 elevates it to a felony when a person “violates such a protective order by furtively entering the home of any protected party while the party is present.” The Defendant argues that the evidence at trial was insufficient to prove he “furtively” entered the victim’s home. The evidence at trial showed that the Defendant and the victim were in a romantic relationship that ended in August 2011. Within weeks of their breakup, the victim obtained a protective order against the Defendant to prevent him from contacting her. The Defendant was served with a copy of the protective order on September 1, 2011. On September 2, 2011, between midnight and 1:00 a.m., the Defendant approached the house where the victim was living. The lights in the house were off.  The doors and windows were locked. The victim, who was asleep on a couch in the living room, was the only person in the house.  The Defendant broke a bedroom window at one end of the house to gain access. The victim was awakened by the noise. As the victim stood up to search for the source of the noise, she saw the Defendant coming towards her from the kitchen. She immediately ran for the front door. The Defendant chased her into the front yard, where neighbors saw him attempting to drag her back inside while holding a knife to her throat. A neighbor who witnessed the altercation called the police. The Defendant fled when he heard the sound of an approaching car. He was arrested in a nearby forest about two hours later.

Charlottesville Divorce Lawyer Rob Hagy: Trial Court Could Not Consider Husband's Separate Retirement Accounts In Awarding Wife All of Marital Retirement Accounts.

In the case of Wiencko v. Takayama, the Virginia Court of Appeals, in a published opinion, ruled that the trial court erred in considering husband’s separate property retirement accounts in awarding wife the totality of marital retirement accounts.  However, the Virginia Court of Appeals determined that the trial court did not err in its custody determination, in considering report of guardian ad litem or imposing certain travel restrictions on the wife.

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with issues like these, please call me at (434)293-4562 or email me at [email protected]

Charlottesville Divorce Lawyer Rob Hagy: Parenting Coordinators Eliminated.

In May of 2013, the Pennsylvania Supreme Court adopted a rule of civil procedure eliminating parenting coordinators because the appointment of such individuals to make decisions or  recommendations or alter a custody order in child custody cases constituted an improper delegation of judicial decision making authority.  View the law.com article here for the complete story. 

There may be room for a similar argument to be made in Virginia.  Occasionally judges will permit guardians ad litem to set visitation schedules while cases are pending.  This also seems to be an improper delegation of judicial decision making authority.

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with questions about guardians ad litem, please contact me at (434)293-4562 or by emailing me at [email protected]. 

 

Charlottesville Divorce Lawyer: How Long Will It Take for Me to Get Divorced?

It depends.  If you and your spouse are agree on all the of the issues involved, if you are able to prove a grounds for divorce (usually living separate and apart for the statutorily required time period) by depositions or affidavits, and you have all of your paperwork in order, then you can get a divorce in a day.  I don't know if it will take 70 seconds, as it did for Charles Saatchi and Nigella Lawson’s, but it shouldn't take long.  If you and your spouse do not agree on some or all of the issues, then it can take considerably longer.

-Rob Hagy, Charlottesville Divorce Lawyer.