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Michael Christopher Miller

Michael Christopher Miller

Cole Miller PLLC
  • Family Law, Divorce, Domestic Violence
  • Ohio, Virginia
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Summary

Michael Miller is a partner at Cole Miller PLLC, located in Vienna, Virginia. Providing representation to clients in the northern part of the state, in particular the area adjacent to the District of Columbia, he focuses his practice entirely on family law matters, including divorce and such related issues as property division, child custody and visitation, alimony and child support. Mr. Miller also has experience with the preparation of wills and other estate planning documents.

Mr. Miller is especially well-positioned to represent armed forces personnel who are going through a divorce after serving for seven years as a judge advocate in the U.S. Marine Corps. His duties in that position often involved acting as defense counsel at court martial trials that concerned child or spousal abuse. When managing the legal assistance office at Camp Lejeune, he oversaw many family law cases involving divorce or support. In his position as the staff judge advocate of the 26th Marine Expeditionary Unit, he continued to counsel service members grappling with family law problems. During another assignment at the Naval Justice School in Newport, Rhode Island, he trained judge advocates and paralegals on family law and estate planning subjects.

As an undergraduate, Mr. Miller attended The University of Utah and received a Bachelor of Science in accounting in 1988. He then pursued his legal education at the University of Akron School of Law and was awarded his Juris Doctor in 1991. Admitted to practice before all Virginia state courts, he has been in private practice since 1999. Mr. Miller is a member of the Domestic Relations Section of The Virginia Bar Association.

Practice Areas
  • Family Law
  • Divorce
  • Domestic Violence
Fees
  • Free Consultation
    I provide a free 20 minute telephone consultation to address urgent matters.
  • Credit Cards Accepted
    Visa, MasterCard, Discover, American Express
  • Rates, Retainers and Additional Information
    Initial consultation - $300 Hourly rate - varies
Jurisdictions Admitted to Practice
Ohio
Virginia
Languages
  • English: Spoken, Written
Professional Experience
Founding member
Cole Miller PLLC
- Current
attorney
Maddox, Cole and Miller, P.C.
-
Judge Advocate
United States Marine Corps
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Education
University of Akron
J.D. | law
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University of Utah
B.S. | Accounting
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Awards
Super Lawyer
www.superlawyers.com
Professional Associations
Virginia Bar Association
Chair, Domestic Relations Section
- Current
Publications
Articles & Publications
Top Mistakes in Military Divorce
National Business Institute
Speaking Engagements
Top Mistakes in Military Divorce, webcast
National Business Institute
Certifications
Judge Advocate
United States Marine Corps
Websites & Blogs
Website
Website
Legal Answers
117 Questions Answered

Q. Child support questions in Virginia?
A: Unless the parents agree otherwise, child support ends at age 18 or high school graduation, unless there is some permanent disability. Often times settlement agreement do have college expense obligations that are separate from child support obligations. Any financial arrangement after child support ends is between the parent and child as they agree.
Q. Can you receive back child support if there was no court order ?
A: Support may only be retroactively applied back to the date a petition for support was filed.
Q. what is the law for serving by publication out of state
A: Service by publication is the last resort for service when one cannot find the person to be served. Provide the GAL your address so the GAL can serve you directly. Also, file your address with the court(s) so no one can say they don't know where to serve you.
Q. If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?
A: Title determines who gets the property. Individually title property must be awarded to the individual. Jointly titled property may be awarded to either title holder or sold. Title alone does not determine whether there is marital equity in property that would be subject to division. Property brought into the marriage is presumed to be separate property so long as it was maintained as separate property. The burden of proof would be on the non-titled spouse to prove there were contributions of marital property to the equity in the separately titled property of the other spouse. From there, it gets complicated. See. Va. Code 20-107.3.
Q. We divorced in Virginia. We both now live in Maryland. Can she try to get child support adjusted for Maryland laws?
A: If you both now have moved from VA to MD, then MD would be the state to modify child support. The VA order will first need to be registered in MD. MD can modify the amount, but not the duration. Support will end as provided by VA, i.e., 18 or graduation.
Q. How would I go about filing for custody of a child who currently resides out of state?
A: File a petition for custody in the state that has jurisdiction under the UCCJEA. If this is a new matter, it will likely be the state where the child has lived the past six months. If it is an existing case with a prior order, and a parent or child continues to live in the jurisdiction of the court that issued the order, then return to that court. If it is an existing case with a prior order, but everyone has moved from the jurisdiction of the court that issued the order, then go to where the child has lived the past six months.
Q. Can we ask for child support for the last nine years?
A: Child support may only be retroactively applied back to the date the petition for support is filed. So, if you have a child and wait 9 years to file for support, and the hearing is two months after filing, the support can only be retroactively applied back for two months.
Q. I currently have an interstate child support order through the sate of CO and AZ. Can I get it domesticated to VA?
A: Yes, you can register an out of state order in Virginia for enforcement. However, it would appear to do you little good. If the AZ payor does not pay, it would facilitate payment/collection if the CO order was registered in AZ. If you registered the CO order in VA, it would aid the payor seeking to reduce support.
Q. Where do I file to discontinue support when my child turns 18? I live in VA and she lives in MD and divorce was in PA
A: The terms of the child support order should provide that support end upon the stated conditions without further court action. However, if you want or need to file something, you would do it in the court where the support order is in effect. For example, if the support is from the PA divorce order, and the child support matter was not subsequently transferred, then file a notice in PA.
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Contact & Map
1945 Old Gallows Road
Suite 205
Vienna, VA 22182
USA
Telephone: (703) 883-3707