Themis Essay 935

Question 1

A Virginia court may order the transfer of jointly-owned marital property, or an interest therein, to

Answer 1

a party, permit one party to buy-out the other’s interest and assumed any mortgage or indebtedness assumed by that party, or order the sale of property.

Question 2

Equitable distribution is a four-step process, where the court:

Answer 2

(i) determines the ownership and value of all property;
(ii) determines whether all property is marital or separate;
(iii) uses the statutory factors to determine how to divide the marital property; and
(iv) awards jointly owned marital property and debts to each spouse.

Question 3

Generally, a court’s equitable distribution award is considered

Answer 3

final and may not be later modified or re-opened.

Question 4

Virginia courts can modify spousal support orders to

Answer 4

increase, decrease, or terminate payment, upon the petition of either party, as the circumstances may make proper, unless the parties contracted otherwise.

Question 5

Spousal support terminates upon

Answer 5

the remarriage of the supported spouse, death of the supported spouse, or death of the paying spouse–unless parties stipulate or agree otherwise.

Question 6

Spousal support will terminate if the supported spouse habitually cohabits with another in a marriage-like relationship when shown by clear and convincing evidence, unless

Answer 6

(i) the parties stipulated or agreed otherwise; or
(ii) the supported spouse proves by a preponderance of the evidence that termination would be unconscionable.

Question 7

Child support awards, visitation, and custody agreements can be modified by the

Answer 7

issuing court or another court with jurisdiction upon a showing of a material change in circumstances that are neither voluntary nor foreseeable.

Question 8

On a parent’s petition, its own petition, or petition of a probation officer or Department of Social Services, the court may

Answer 8

modify or make a new decree when the parent’s circumstances and interests of the child require.

Question 9

A new decree operates only

Answer 9

prospectively.

Question 10

A Virginia court may deviate from the application of the child support guidelines only after

Answer 10

making a written finding that the application of the guidelines would be unjust or inappropriate based on the relevant evidence of the particular case based upon enumerated statutory factors.

Question 11

Two statutory factors a court may use as a basis to deviate from the child support guidelines are:

Answer 11

(i) a child’s independent financial resources; and
(ii) the financial resources and needs of each parent.