What is imputation of income in Virginia family law cases?

  Divorce changes things. Though many women are quick to point out to me that the equitable distribution factors cite the standard of living established during the marriage, there’s often no way to maintain that standard post-divorce. Most people live up to their means, and there’s just not room in the average family’s budget to…

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What is adultery? (And sodomy and buggery?)

Sometimes, I feel really technical when I talk about adultery. I say when someone “commits” adultery, and I always feel weird about it, because that’s not how people talk. And I often get questions about exactly what it means, which is understandable – it’s a technical term, like cohabitation and equitable distribution. Lawyers use it…

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When does permanent spousal support end?

Spousal support cases are some of the trickiest. Even though the law has changed recently to allow Fairfax guidelines to be applied in temporary support cases, permanent support cases are a little more tricky. The law also changed in terms of the taxability and deductibility of awards of spousal support; under the current laws, spousal…

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Imputation of Income in Virginia: When it Helps You

If you’re the main breadwinner in your family and you’re now headed towards divorce, you’re probably a little concerned. And—that’s probably an understatement. Financially, divorce is probably pretty terrifying to you, even if it’s something that you know you want. Spousal support is probably the biggest issue on your mind because, whether you have kids…

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Imputation of income in Virginia: When it hurts you

If you’ve been a stay at home mom or you’ve significantly reduced your hours in an effort to promote the well being of your family and you’re now headed towards divorce, you’re probably a little concerned. And—that’s probably an understatement. Financially, divorce is probably pretty terrifying to you, even if it’s something that you know…

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Godwin v. Godwin: Hofheimer Family Law Court of Appeals Win!

Appeals cases don’t happen very often in the practice of divorce law. Most of the time, even in the most hotly contested cases, the parties are done arguing either when they reach an agreement (which they do, in probably 95% of cases) or the judge makes a decision for them. Most people know that decisions…

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Avoiding Taxes With Spousal Support Awards

If you’re feeling like spousal support awards really aren’t all that generous, you’re not alone. Spousal support is one of those things that, in my practice, varies widely. The law governing spousal support is far from clear, too, so even determining whether someone will receive spousal support is difficult and often convoluted. We have to…

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Sheera Herrell wins at Court of Appeals!

Spousal support is probably one of the most complicated areas of divorce law. Spousal support can be established in two different ways—by agreement, or ordered by a judge. Still, it’s difficult, especially in cases where spousal support is established by agreement, because (obviously) you have to get your husband to agree. Not only that, but…

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Lump Sum Spousal Support: Part Two

On Monday, we talked about lump sum spousal support as a way to avoid the restriction on cohabitation in spousal support cases.  As you’re already aware (or you wouldn’t be here, reading this blog!), when you receive spousal support over a period of time, whether you receive it for a fixed time or permanently, your…

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Lump Sum Spousal Support

Spousal support is one of those things that is just not guaranteed. In fact, it’s pretty complicated. When people ask me whether they’ll receive spousal support (and, then, inevitably, if so, how much?), I want to give them as clear of an answer as possible. But the truth is anything but clear. I’ve talked about…

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