Fairfax Family Law Blog

Divorce: Women gets millions after estranged husband wins lottery

On behalf of Powell Piper Radomsky, PLLC posted in divorce on Thursday, June 20, 2019.

When a couple in Virginia or other areas of the country choose to end their marriage, there are multiple and often contentious decisions that must be made. Unfortunately, some couples may struggle to agree on how property should be divided following the end of a marriage. A recent case in another state illustrates what could be at stake in a divorce.

The case involved lottery winnings. The husband reportedly won $30 million after purchasing a Mega Millions lottery ticket in 2013. At the time of his win, he and his wife had been separated for two years. The divorce was not ultimately finalized until 2018.

Managing child custody issues that arise over summer vacation

On behalf of Powell Piper Radomsky, PLLC posted in child custody on Thursday, June 6, 2019.

When a couple in Virginia chooses to divorce, they often want nothing more than to move on to the next chapter of their lives without worrying about remaining civil with their ex-spouse. However, that is rarely an option for couples who have children together. Even when they have a child custody agreement that works for all parties, there may need to be additional conversations when schools close for the summer.

To help make the transition from the school year to summer go as smoothly as possible, there are some steps that parents can take. Unfortunately, the prospect of a change of routine and moving back and forth between two houses can create stress for a child. However, if parents are willing to commit to cooperate and communicate with one another, some of this stress could be reduced.

Family law: Woman seeks custody of dog

On behalf of Powell Piper Radomsky, PLLC posted in family law on Thursday, May 23, 2019.

Couples in Virginia and across the country often decide that their relationship is no longer functional and that it is in the best interests of both parties to seek a new beginning. Regardless of whether the couple is married, if there are children involved, both parents have certain rights to their children to help ensure they are able to maintain their relationship. However, in most states, including Virginia, this same consideration does not extend to pets, sometimes creating conflict in courts of family law.

A case currently being heard in another state is questioning the legal precedent that treats a pet as property. As such, courts are typically unwilling to order a custody plan for pets. The couple in the case were not married, and a 25-year-old woman is asking her state's highest court to order that she is the rightful owner. She is also hopeful that the case will result in additional guidance for judges in lower courts regarding pet custody.

Divorce rates affected by women out-earning husbands

On behalf of Powell Piper Radomsky, PLLC on Monday, May 20, 2019.

Relationships between men and women are evolving. While much of these changes are welcome, there is no denying that some people are able to manage them better than others. As women continue to excel at their careers, there are many couples that see traditional gender roles flipped – the women are earning more money than the men.

If this describes you and your partner, you might have concerns about how this will affect your relationship in the long run. Though it is not a guarantee, researchers are warning that when women out earn their husbands, it raises the risk of that marriage ending in divorce.

Court mulls what happens to embryos after divorce

On behalf of Powell Piper Radomsky, PLLC posted in divorce on Thursday, May 9, 2019.

For centuries, couples who were unable to conceive on their own were with few options. However, medical discoveries made during the last several decades now allow more options for couples in Virginia and across the country struggling to conceive. Unfortunately, family law is now left trying to keep pace with these advancements. In fact, a court in another state is now considering what happens to frozen embryos in the event of a divorce, and the couple is unable to come to an agreement regarding the embryos' fate.

The case involves a man and woman who married in 2011. Shortly after their marriage, they created two embryos; they used one of them to have a daughter. At the time, they signed an agreement that they would discard any remaining embryos should their marriage end in divorce.

Ruling issued in Miguel Cabrera's child support case

On behalf of Powell Piper Radomsky, PLLC posted in child support on Thursday, April 25, 2019.

Families in Virginia and across the country are sometimes complicated. When a man has children with someone other than his wife, how all the children are treated and the opportunities available to each of them sometimes becomes a question. For example, in a child custody case that took place in another state, the former mistress of baseball player Miguel Cabrera argued that the children they have together require sufficient child support to allow them to have the same opportunities as the children Cabrera has with his wife.

The case between Cabrera and his former mistress has been contentious and ongoing for approximately a year and a half. She claims that he abandoned her and the children when his wife found out about the relationship. Based on his salary of $30 million a year, she argued that her children are entitled to $100,000 a month in child support.

What counts as gross income when calculating child support

On behalf of Powell Piper Radomsky, PLLC on Wednesday, April 24, 2019.

Divorces and breakups are especially difficult for parents. Your child spent their early years under your roof where you could directly meet their needs. Child support is a way for parents who don’t have primary custody to continue to provide for their children.

Many forms of income factor into the calculation of child support. For example, salespeople working on commission and bonuses must report these incomes in addition to base pay. Incomes such as royalties, severance and interests are among other forms that should count towards gross income.

How divorce impacts a person's online life

On behalf of Powell Piper Radomsky, PLLC posted in divorce on Wednesday, April 10, 2019.

When a Virginia couple decides to move forward with ending their marriage, they will have to decide on things such as how to divide marital property and how to arrange a reasonable child custody schedule. However, the decisions do not stop there. When walking through a divorce, a person will also find it beneficial to be intentional about extricating his or her online life from other party's online life.

Technology and social media play a large role in everyday life, and a divorce will change that. Passwords, online accounts and even social profiles will need to be changed, updated or deleted. Taking the appropriate steps to do this can protect a person from future complications and issues with his or her ex-spouse. One of the first things to do is to change all passwords to profiles and accounts that a person intends to keep after a divorce.

Woman seeks child support decades later

On behalf of Powell Piper Radomsky, PLLC posted in child support on Thursday, March 28, 2019.

Anyone who has raised on child on his or her own likely knows of the struggles that single parents face. In addition to the emotional strain that one faces, single parents often struggle financially, making the court-ordered child support payments they receive a necessity of life. Unfortunately, some parents in Virginia and across the country face a circumstance in which the other parent does not make these payments.

Recently, a woman in another state decided to take action against her ex-husband. She says that the man left her to raise her 3-year-old daughter on her own 50 years earlier. She reports that he was ordered to pay her approximately$160 a month in support payments, but he did not do so, and, instead, left the country.

Spousal support sparks additional litigation in contentious case

On behalf of Powell Piper Radomsky, PLLC posted in spousal support on Thursday, March 14, 2019.

While the divorce process is typically portrayed as being filled with bitterness and anger, many couples in Virginia have found that it is possible to resolve issues with their spouse without this anger. However, in some situations, couples are unable to work together to come to agreement on spousal support and other issues. In fact, one couple in another state is now revisiting their original agreement after certain incidents led the woman to believe that her husband's financial situation had changed.

The couple filed for divorce in 2008. The man reportedly worked as a retirement planner, while his wife stayed home and cared for children. Five years later, their divorce was settled. As part of the proceedings, a judge found that the wife had sacrificed a career to care for children and her need for monthly spousal support was just under $3,000. However, the judge determined that the ex-husband was only able to pay $1,500 a month; he was also ordered to pay the woman $87,000 for payments missed during divorce proceedings.

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