Everyone who likes the Law Firm of Marilyn Ann Solomon, past and future, will be entered into a drawing to win a $100 VISA card. The drawing will be on September 10, 2012 at noon at my office located at 130 E. Cork Street, Winchester, Virginia. You do not need to be present to win. The winner will be contacted through their Facebook user name. So please "like" the firm and get your chance to WIN $100!!!

Here's the Facebook link:

http://www.facebook.com/#!/marilynasolomon

Law Firm of Marilyn Ann Solomon

We won an interesting case this week involving two parents had a written agreement in 2007 that the father would deed to the mother the former marital home in exchange for $300.00 per month credit towards his child support obligation for 7 years for a total of $25,200. He deeded the house to her.
Four years later, the mother sued the father for contempt and child support arrearages for the $300.00... per month. She asked the court to put him in jail for not paying the child support. The Warren County Juvenile and Domestic Relations District Court held the father in contempt and found he had a child support arrearage for the full amount since 2004. The Warren County Circuit Court found dad was entitled to credit for the entire $25,200 amount pursuant to the parties' Agreement and that the father was not in contempt. The issue was whether the father was entitled to pay his child support with equity in a house instead of cash.
The court said the mother had to honor the agreement as she had the house which was also a home for the parties' child.

Another interesting case we won this week was a medical malpractice case. In that case, the patient went to the hospital having terrible back pain. She was given medicine in tbe ambulance. The doctor told the nurses to give her medicine through a shot in the muscle, but a new nurse made a mistake and gave it to her in the vein. This caused the patient to go into respitatory failure from a drug overdose and almost die. She had to be admitted to the hospital. We sued and after many discovery motions, the hospital finally settled the case.

We also won a trial in bankruptcy court. In that case, the client had stock in a club that owned hunting land. He claimed the stock was a "family heirloom" and the creditors challenged whether stock could be an heirloom. The client testified that he and his father hunted on that land when he was a child and it was filled with sentimental memories. He planned to pass the stock and hunting rights to his own child. The bankruptcy judge ruled that the stock was a family heirloom and he was entitled to exempt it from his bankruptcy estate.

Equitable distribution of marital property in Virginia

Division of marital assets in Virginia is called equitable distribution. The trial court is required to consider ten factors before deciding how to divide assets and debts, but it is typically close to or at a 50-50 division unless there are extenuating circumstances. Fair is not always equal in Virginia. Each case must be evaluated on its own facts. Did you put separate money into a marital asset? Did you inherit property or money? Did you help pay your spouse’s separate debts? Did you personally improve property? Did you gift or deed your spouse real estate or did they do so to you? Did your spouse spend marital money on a lover? All of these issues can have a significant impact on the equitable division of assets in a divorce. Some assets are marital, others are separate while still others are hybrid: part marital and part separate.

If one party has invested separate funds in a marital asset and can trace that investment, the property may be a “hybrid” property, part marital and part separate. The investing party is entitled to reclaim their separate investment if they can prove it, plus appreciation on it, if any, unless the other party can prove, by clear and convincing evidence, that it was a gift to them.

The court is required to decide which property is marital, separate, or hybrid. Separate property belongs to the person who owns it, and the other spouse receives no interest in that property. Separate property includes property owned before the marriage, property inherited by or given to only one spouse during the marriage, and assets acquired with money earned after the parties’ separation. Assets acquired during the marriage are marital even if they are only in one spouse’s name like a pension or retirement account. If one spouse invests personal effort or marital funds into the separate property of the other, the property may also become hybrid depending on the circumstances.

 If part of the pension or retirement account was earned before the marriage, it becomes hybrid property, part separate and part marital. Debts acquired during the marriage are also marital even if they are only in one spouse’s name.

Welcome to my new blog about Virginia divorce and bankruptcy law

My name is Marilyn Solomon. I've practiced law in Virginia for over 20 years. My firm focuses on divorce and bankruptcy law, and I will be blogging about interesting aspects of both. If I have a chance, I will also answer questions from my blog followers so feel free to ask!

In July of this year, Virginia finally made a change to the property Virginia citizens are allowed to keep. You used to be able to keep $2,000 of equity or value in a vehicle. As of July 1, 2011, you can now keep up to $6,000 in a vehicle of your choice. You can also keep up to $3,000 in a gun. For more information about bankruptcy or divorce, please feel free to review my website at:
marilynsolomonlaw.com

I am now also offering super fast uncontested divorces in Virginia at very affordable prices. I can get people divorced in less than 3 weeks if both parties are willing to sign the papers. I can also handle a divorce anywhere in Virginia and over the internet or telephone so no appointment is necessary.

I look forward to hearing from you with questions and providing information as we go.

Sincerely,

Marilyn Solomon