Recent Firm Publications Posts

By: Daniel B. Schy Fewer decisions give rise to more consternation and uncertainty than whether to have a minor child testify in a custody matter. The reasons are manifest: involving a minor child in the custody process can have far-reaching implications for the child or can negatively impact the child’s relationship with his/her parents, and the mere decision to have a child testify can impact the decision of the court. Reflexively, we advise most clients against children testifying because of these concerns. But what about in cases of parental alienation? What about cases involving allegations of abuse? There are, of course, certain circ…

Under Virginia law, spousal support may be modified upon a material change in circumstances that warrants modification. The Virginia Code does not define the phrase “material change in circumstances,” but courts have determined that a material change may be anything that affects the need of the party receiving support or the ability of the other party to pay support. Additionally, support may be terminated if either party dies, or if the party receiving support remarries or cohabits with another person in a relationship analogous to marriage for a period of one year, unless termination would be “unconscionable.” In addition, parties may de…