Tuesday, October 6, 2009

Child Support

My experience as a child support lawyer in Norfolk, Virginia is extensive. It is generally true that an action for child support is an in personam action that requires personal jurisdiction over the obligor. Furthermore, to obtain jurisdiction over the obligor parent, he or she must be served personally in Virginia or through personal service in accordance with the Virginia long arm statute.

Generally, the child support obligation is based on the gross income of both parties. Furthermore, Virginia relies heavily on the guideline amount in setting child support. However, the court will also generally consider day care expenses and cost of health insurance for the child in setting a child support obligation. Thus, the child support guideline statutes create a rebuttable presumption that the amount computed is the correct amount.

Monday, October 5, 2009

DUI Sentencing

1st offense: up to 12 months in jail and $2,500.00 fine; mandatory minimum fine not subject to suspension is $250.00; if BAC is greater than or equal to .15 to .20, 5 days mandatory jail not subject to suspension; if BAC is greater than .20, 10 days mandatory jail time not subject to suspension; restrictive license eligibility upon entry into ASAP program; interlock required if BAC is greater than or equal to .15; 12 months suspension of DL

2nd offense w/in 5 years: up to 12 months in jail and $2,500.00, mandatory fine not subject to suspension is $500.00 (plus $500.00 if BAC is equal to or greater than .20); 20 days mandatory jail time not subject to suspension (plus 10 days if BAC is equal to or greater than .15 or plus 20 days if BAC is greater than or equal to .20); eligible for restrictive license after 1 year; interlock required for 6 months to 3 years; suspension of DL for 3 years;

2nd offense w/in 10 years: up to 12 months in jail and $2,500.00 fine; $500.00 fine not subject to suspension (plus an aditional $500.00 if BAC is greater than or equal to .20); 10 days in jail not subject to suspension (plus an additional 10 days if BAC is greater than or equal to .15 or 20 days if BAC is greater than or equal to .20); eligible for restricted DL after 4 months; interlock required for 6 months to 3 years; suspension of DL for 3 years

3rd offense w/in 5 years: 1-5 years in prison or up to 12 months in jail and $2,500.00 fine; $1,000.00 fine not subject to suspension; mandatory jail sentence of 6 months not subject to suspension; no restrictive driver's license (however, you may petition after minimum of 5 years); interlock required for at least 6 months upon restoration of DL or with a restricted DL during time of suspension; suspension of DL is indefinite(however, one may petition after minimum of 5 years

3rd offense w/in 10 years: 1-5 years in prison or up to 12 months in jail and a $2,500.00 fine, mandatory minimum fine of $1,000.00 not subject to suspension; mandatory minimum of 90 days in jail not subject to suspension; no restrictive operator's license; interlock is not applicable; indefinite suspension of DL (however, one can petition after 5 years)

4th offense w/in 10 years: 1-5 years in prison or up to 12 months in jail and a $2,500.00 fine; mandatory fine of $1,000.00 not subject to suspension; mandatory minimum of 1 year in jail not subject to suspension; no restrictive driver's license; interlock device is not applicable; indefinite suspension of DL (however, one may petition after 5 years for reinstatement of DL)

Divorce lawyer in Norfolk, Va

People frequently ask me, "what makes someone a good divorce lawyer?" I generally answer that the lawyer should be empathetic, a good listener, and knowledgeable about the law. I also say that the divorce lawyer needs to be willing to go to court to protect the client.

The lawyers at Montagna & Montagna, P.C. have handled many divorce cases. We encourage our clients to call our office at 757-625-3500 whenever they have questions. We also appreciate clients who heed our advice and help us to help them. Finally, we reccomend that anyone who is looking for a dedicated, divorce attorney that they review our web site at www. montagnalaw.com.

Our web page has a wealth of helpful information. Additionally, potential clients can e-mail us questions, which we answer as quickly as possible.

If you are looking for a good divorce lawyer in Norfolk, Virginia, please visit our web site at www.montagnalaw.com or call us at 757-625-3500.