poor man in va.

[guitareagle]

What is the name of your state (only U.S. law)? virginia
Will the judge allow me to have a court appointed attorney before making a ruling ? only six months married and she left twice she says I made her go I say I did not. Thank you for any help.

[nextwife]

6 month marriage and someone is talking ALIMONY? Fight it. That's outrageous.

[Country Living]

Court appointed attorneys are not for civil cases.

[CourtClerk]

Originally Posted by Country Living

Court appointed attorneys are not for civil cases.

That's not always true. Some states actually appoint them. Whether VA is one of them, I don't know.

[Blue Meanie]

Originally Posted by nextwife

6 month marriage and someone is talking ALIMONY? Fight it. That's outrageous.

Huh?? Where is alimony mentioned???

guitareagle
Junior Member Join Date: Apr 2009
Posts: 1

poor man in va.

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What is the name of your state (only U.S. law)? virginia
Will the judge allow me to have a court appointed attorney before making a ruling ? only six months married and she left twice she says I made her go I say I did not. Thank you for any help.
Find a Family Law Attorney

[guitareagle]

Originally Posted by nextwife

6 month marriage and someone is talking ALIMONY? Fight it. That's outrageous.

I agree, thats why I need to know will a judge let me have a court appointed lawyer. I have no money for one on my own. thank you for answering.

[guitareagle]

Originally Posted by Blue Meanie

Huh?? Where is alimony mentioned???

It is mentioned on the paper I was served, $ 500.00 per month I have a son that is 9 and barely can support him, his mom passed in 2001 and he gets $205.00 in survivors benefits....

[guitareagle]

Originally Posted by guitareagle

It is mentioned on the paper I was served, $ 500.00 per month I have a son that is 9 and barely can support him, his mom passed in 2001 and he gets $205.00 in survivors benefits....

Also she is fighting a disability case, it is her third appeal, I have trouble holding a job because of back pain and bad depression, and all of this isn't helping me or my boy, his mom passed when he was 2 and has add, adhd and a bunch of emotional trouble, he is in counseling.. but anyway i'm worried because if she is awarded any amount I don't see how I can support my son.

[outhouse]

Ok first its not called civil court in Va

its called Circuit court and this is for matters over 4,500.

General district courts have exclusive authority to hear civil cases with claims of $4,500 or less and share authority with the circuit courts to hear cases with claims between $4,500 and $15,000.

they do however have what is called a Civil Action [[[There is one form of civil case in circuit courts, called civil action. To bring about a civil action in a circuit court, the person bringing the case (plaintiff) files a complaint with the clerk of the circuit court. The person against whom the case is brought (defendant) has 21 days after he is served with process (notified of suit) to respond to the motion or complaint. His reply is called an answer. If the defendant does not respond within the allotted time, he is in default, which means that he admits the facts alleged in the motion or complaint and that judgment may be awarded to the plaintiff.

A defendant in a civil case has certain options. He may bring a counterclaim against the plaintiff or a cross-claim against another defendant. Both of these pleadings (claims) also require a response within twenty-one days.]]]

at the Va website i cannot find anything claiming the court will appoint a lawyer unless its for [[[felony cases and in any misdemeanor case involving the possibility of a jail sentence]]]

[outhouse]

first Calm down and less emotion,s, you need to pull it together for your own benifit.

use google whatever, find out about your spousal support/alimony laws in your state.

in Ca a judge would almost certainly throw that case out, if he did award a short term marriage it would be 1/2 the term of the marraige not permanent.

the judge here has sole discression to the amount and its not the amount the plantiff asks for unless its within reason.

DO NOT take my example as what will happen in your state, use google and find out and report back.

[CourtClerk]

Originally Posted by outhouse

in Ca a judge would almost certainly throw that case out, if he did award a short term marriage it would be 1/2 the term of the marraige not permanent.

What does CA have to do with ANY of this. How is this relevant at all?

[outhouse]

to give him a example and possibly some hope as He has a good chance 6 month marriage will probably be thrown out

[outhouse]

OK heres the law for Va reguarding spousal support

When making a decision of whether or not support shall be awarded, how much, and for how long, the court will taking into consideration the following: A. The obligations, needs and financial resources of the parties. B. The standard of living while together as a married couple; C. The length of the marriage; D. The age and health condition of the parties and any special circumstances of the family; E. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home; F. The contributions, monetary and nonmonetary, of each party to the well-being of the family; G. The property owned and income potential of that property owned by each party; H. The property award; I. The earning capacity and employment opportunities; J. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; K. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; L. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and M. The tax consequences to each party, as are necessary to consider the equities between the parties. (Virginia Code - Title 20 - Sections: 20-95 and 10-107.1 and 20-108.1)

[guitareagle]

Originally Posted by outhouse

OK heres the law for Va reguarding spousal support
I have apaper saying the hearing date is 5-1-09 at 9am no money for a lawyer, she has free law service from legal aid of va. I can not use them because of conflict of interest, wil the judge take in to consideration the fact that I have a young child to support ? She says she is disabled and has been denied benefits twice and is on her third appeal, neither one of us has any money. I paid for most of the bills when we were together, is that bad for me for this hearing ?????


When making a decision of whether or not support shall be awarded, how much, and for how long, the court will taking into consideration the following: A. The obligations, needs and financial resources of the parties. B. The standard of living while together as a married couple; C. The length of the marriage; D. The age and health condition of the parties and any special circumstances of the family; E. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home; F. The contributions, monetary and nonmonetary, of each party to the well-being of the family; G. The property owned and income potential of that property owned by each party; H. The property award; I. The earning capacity and employment opportunities; J. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; K. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; L. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and M. The tax consequences to each party, as are necessary to consider the equities between the parties. (Virginia Code - Title 20 - Sections: 20-95 and 10-107.1 and 20-108.1)

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[guitareagle]

Originally Posted by outhouse

OK heres the law for Va reguarding spousal support
I have a paper saying the hearing date is 5-1-09 at 9am no money for a lawyer, she has free law service from legal aid of va. I can not use them because of conflict of interest, wil the judge take in to consideration the fact that I have a young child to support ? She says she is disabled and has been denied benefits twice and is on her third appeal, neither one of us has any money. I paid for most of the bills when we were together, is that bad for me for this hearing ?????


When making a decision of whether or not support shall be awarded, how much, and for how long, the court will taking into consideration the following: A. The obligations, needs and financial resources of the parties. B. The standard of living while together as a married couple; C. The length of the marriage; D. The age and health condition of the parties and any special circumstances of the family; E. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home; F. The contributions, monetary and nonmonetary, of each party to the well-being of the family; G. The property owned and income potential of that property owned by each party; H. The property award; I. The earning capacity and employment opportunities; J. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability; K. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market; L. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and M. The tax consequences to each party, as are necessary to consider the equities between the parties. (Virginia Code - Title 20 - Sections: 20-95 and 10-107.1 and 20-108.1)

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