According to Virginia law, how long must you be married to recieve spousal support?

Question

My fiance was married for one month to this chick before he went out to sea (Navy man), when he returned 6 months later she was pregnant and admitted to cheating on him while he was at sea. So he left her (June 06) but after the child was born (and he was there for the birth) he signed the birth certificate and has been giving her $500 a month in child support to help her out. She has not had a job since they were married (early 2006) and she has lived off this $500 and stayed with her grandparents since then. Well she agreed to everything in the divorce, but before his papers got to her she filed her own (with no lawyer) and is demanding spousal support ($500) plus child support ($500)! They only lived together for one month. Can she do this? She is so smart that she put medicaid as one of the things she pays for for the baby. Clue me into that one *slap upside the head*.....anyway, do you think she can get the spousal and child support with such a short time together?

Hey ummm, Kim, FYI...I do work, and I am also a college student going for my AAB, and I still make time for my soon-to-be four year old. We are talking about HIS STBX. She has not worked in over a year. As for myself, I was a widow single parent for three years, and yes, I worked every minute of those three years and I went to college and graduated college. She has no excuse as to why she is not able to work. Just thought I would throw that FYI in there for ya. Have a great day.

Answer 1

There are many factors regarding spousal support awards. In Virginia, adultery is an automatic bar to support. He will have to prove the adultery; even if she has admitted it to him, she may not admit it to anyone else. If it's proven, she will be unable to get a spousal support award in Virginia UNLESS the court considers the husband's adultery also (which he is committing with you, if he and his wife are still legally married), making that a harder road to climb . The fact that you only lived with her one month is not the length of the marriage; the length of the marriage, to the court, is from the wedding day to the day one or both of you left the marriage and intended it to be permanent.
He needs to: 1) get a paternity test. This is critcal to occur before any court orders him to pay support, because once a Court finds him to be responsible and enters an order of support, even if DNA ruled him out as the father later, the court will not reverse the finding of responsibility and he'll be stuck for 18 years (unless the real father steps up and agrees to take financial responsibility). If the mother has already filed petitions to get support, and you have a hearing scheduled, you must petition the court ASAP to order DNA testing, done through the Health Department; the court could then postpone any finding of support or paternity until the results are back.
2) The issue of her getting spousal support will be decided after the judge considers the length of the marriage, both parties' employment history and wage earning ability (what was her job before she quit? Would she be able to support herself with the addition of child support?; What are her expenses? Does the child have any special needs?). The court may also consider for spousal support issues her physical condition, any agreements between the parties about letting Mom be a stay-at-home mother, both parties' income and expenses, etc.
3) Child Support in virginia is calculated using a formula set by the legislature. You can even find it online and it will calculate what support you should be paying. Look for something like "child support calculations Virginia". That is the amount you should be paying and if you are now paying more than required, you might want to stop before you do it so long the court is convinced it is no hardship for you and then you could be stuck with paying the higher amount.
You do not need an attorney in juvenile court; just go file petitions of your own, including the request for a DNA test, custody determination, and support. Go to the courthouse and they'll be able to get you started. The forms are pre-printed; you just have to fill them out and probably meet with an intake officer for an interview.
Good luck.

Answer 2

You're question really doesn't have to do with the morality of your boyfriend's ex or her level of laziness or greediness. It's a question about spousal and child support - and a lawyer would objectively tell you what are the odds that she would be successful.
He was married for one month. A DNA test would prove whether the child is his (you are making a strong assumption that the child is not his). He signed the birth certificate; why is that? If he signed the birth certificate because he believes he's the father, then giving her $500 a month is child support is 'helping her out', you say. Actually, it is a responsibility of the father to support his offspring - no matter how many men walk away from that responsibility, it is never right to do so. And the law supports that premise.
She lives with her grandparents and raises the child on $500 a month? I know people who spend almost that much money on restaurant bills alone. I think the Pampers bill takes a sizable chunk out of that, if I remember the cost of diapers correctly.
Spousal support and child support - heaven forbid. She was his spouse (sorry about that) and it is his child, unless proven otherwise (the fact that she cheated is not stronger than a DNA test - which settles this question: it is not about her morals...)
She may be not so bright when it comes to filling out forms but she's doing all this without a lawyer and that's not good. She really needs a lawyer and she probably really needs the financial support she is asking from him.
From what you added, you did a better job as a single mother when it came to improving yourself through education. She is in a different situation because possibly doesn't have familial support beyond the grandparents (giving her shelter and food) and she doesn't have the benefits a widow (such as yourself) is entitled to. I paid for my own college education myself and it took 6 years to get a degree. Without children and with a nearly-fulltime job plus 2 other part-time jobs. I know for a fact it is never easy when you are 'financially-challenged' to pull yourself up by your own bootstraps. That is simply a romantic notion that doesn't take into account the enormous stress and all the other many factors. I also paid for day-care as a married woman in a two-income family and even then it took a big bite out of our net income. No, no, no. Single parenthood is not simple. I have to feel a bit sorry for this brazen hussy you've described who is your fiance's ex.

Answer 3

I think they have to be married for a year, But as for the child all he has to do is get a DNA test done. When that shows that he is not the dad he may not have to pay child support anymore. Tell him to tell the lawyer that he was out to sea and she cheated on him and she was already pregnant when he come back from being over sea.

Answer 4

She will not get spousal support.

She may get child support, depending on state law. In some states, if you accept legal responsibility for a child not biologically yours the court can still order you to pay support.

As long as your fiancee has a lawyer, she will most likely get nothing.

Answer 5

Most likely he can get the marriage annuled or something? A good old-fashioned paternity test will prove the kid isn't his, hopefully. At which point he can let his lawyer at her. She's already admitted to cheating, especially after one month, I'd say she's got no chance, but look into it.

Answer 6

from what i saw about the laws it's entirely up to judge what she gets, so he could be f'ked, but i doubt that they are going to make someone pay alimony for that short of time together. the judge would have to be an idiot.

Answer 7

She can demand, but the law is the law, and the answer is no, now get off the lazy butt and get to work.