Archive for February, 2016

Will I have to pay child support?

Sunday, February 21st, 2016

If you are the legal parent of a child, then the Commonwealth of Virginia says that you have an obligation to provide support for that child.  There are actual numbers in the Code of Virginia that show the total gross family income and the amount of support that the legislature has determined is necessary for the support of up to 6 children.

Once you have that base number, that number can be increased by any work-related child care and any health insurance for the child.  This will give you the total amount of support that should be provided for that child.

In the case where one parent has the child the majority of the time and the other parent has the child for less than 90 24-hour periods, the total child support obligation is multiplied by his or her percentage of the total family income and the non-custodial parent will pay his or her percentage to the custodial parent.  For example, if the custodial parent earns 40% of the income and the non-custodial parent earns 60% of the income, then the non-custodial parent will pay 60% of the total child support obligation to the custodial parent.

In the case where the non-custodial parent has the child for more than 90 24-hour periods, there is another calculation where the amount of time the child spends with each parent is taken into account.   The first step in this process multiplies the total child support obligation by 1.4.  This higher number is then multiplied by the time each parent has the child and then multiplied by the percentage of income for each parent.  This determines the total amount of child support for each parent and the difference between the two is the amount of child support that is paid by one parent to the other.

The calculation formulas are in the code, but most people use a calculation spreadsheet formula provided by a software vendor.  Most attorneys, the courts, and the Department of Social Services, Division of Child Support Enforcement (DCSE) all use these same software vendors.  There is also an online provider at www.SupportSolver.com that can be used for your own calculations, although the Courts or DCSE will use their own software for the actual numbers to be in the order.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Can a policeman lie?

Saturday, February 13th, 2016

The short answer is ‘yes’, a policeman (or policeperson) can — and often does– lie to you during their investigation.  Of course, if they are under oath and on the stand in a courtroom, they are required to tell the truth.  But I am talking about during the investigation phase.  That time when they are asking you questions usually at the police station.

Sometimes, the policeman will tell you that someone in another room has already told them everything and they are giving you an opportunity to tell your side of it so that they can talk to the prosecutor and help you get a better deal.  Sometimes they will tell you that they have evidence that they really don’t have.  I’ve listened to tapes where the same policeman went to four different rooms and told each one of the potential defendants that he already knew everything — when in reality he had not gotten information from anyone.

Remember that during the investigation, it is the policeman’s job to get the information needed to help get a conviction.  If they are talking to you in an interview room, they are not trying to be your friend!

So what should you do?  The police officer will probably read you what are called ‘Miranda’ rights.  These include the ‘right to remain silent, and anything that you say can and will be used against you in a court of law’  and the ‘right to an attorney and have that attorney present during questioning, if you cannot afford an attorney one will be appointed for you’.  Once you have been read these rights you need to tell the officer ‘I want to talk to my attorney before I speak with you’, and then be quiet.

Don’t say, ‘do you think I need an attorney’? or ‘maybe I should talk to an attorney’.  Very clearly say, ‘I want to talk to my attorney before I speak with you’. and then be quiet and say nothing else.

The policeman will probably tell you that they can’t help you if  you refuse to talk to them, but stick to your statement and wait to speak to your attorney before you talk to them.  This might mean you will spend the night in jail until you can have an attorney appointed for you, but that is much better than having you say something that can be used against you later.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.