Legal Question in Family Law in Virginia
If a man has kids from a previous marriage, (they are over 18) do they have rights to any of his belongings in the event of his death? He is remarried to me and everything we own (house, cars, bank accounts) is in both of our names.
Also, is there any chance of reversing spousal support that he pays every month?
If he takes her to court for money she owes him, which court would he file in? The county HE lives in, the one SHE l ives in or the one they used to live in when they were married?
Thank you
1 Answer from Attorneys
1. Yes, if this man died without a will. (See Va. Code Sec. 64.1-1.)
2. Yes, if the support recipent remarries or the term specified in the
Property Settlement Agreement(PSA) for the payment of the alimony
expires or other conditions referenced in the PSA come to pass which
trigger the termination of the spousal support.
3. He would file in the circuit court of the city or county where
the final decree of divorce was entered(if the money claimed as owed
was the result of an obligation arising out of this final decree).