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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
-
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
138 Questions Answered

Q. FDivorce/family law in VA. Can motions to stay ,reconsider and an appeal be filed for at same time? dead line to file?
A: Yes, file all 3. Orders become final after 21 days, i.e., the judge cannot modify them even if the judge wanted to. So, the motion to stay the finality of the order suspends the 21 day clock to allow more time to rule on the motion to reconsider. Notice of appeals from circuit court to the court of appeals must be filed within 30 days. This runs concurrent with the 21 day clock. If the motion for reconsideration is resolved within 21 days, one could wait until the outcome is known and still have a week or so to file the appeal.
Q. In Virginia, can non custodial parent receive child support? Non custodial parent has 94 days/year with children.
A: Yes, it is possible. When both parents have more than 90 days of parenting time, one uses the shared custody child support formula. One takes the combined incomes of both parents and finds the guideline amount of support from the table in Va. Code 20-108.2. Then, because it is shared custody, the base amount is multiplied by 1.4. That, increased amount is then split between the parents in proportion to time. With 94 days, call it 25/75 for illustration purposes. One parent gets 25% of the increase amount. That 25% is then shared in proportion to income. Likewise, the other parent gets 75% of the increased amount, and it is shared by income. If parent A with 75% of the time also has 90% of the income, and parent B with 25% of the time has 10% of the income, it is possible that parent A's 90% obligation for 25% of parent B's time is greater than parent B's 10% obligation for 75% of parent A's time.
Q. If divorced from another state and now living in two different states, can a Virginia lawyer help with unpaid alimony?
A: You need to go to the state where the payor resides to enforce the order. Only Kentucky, the state that ordered spousal support, can modify the order.
Q. I pay child support for my daughter that’s 5 but I have not seen her in 5 years. What can I do?
A: Child support is an entirely separate matter from custody/visitation. Neither is dependent on the other. File a petition for custody/visitation in the local court where your daughter resides.
Q. Do I still have to pay child support after my child graduates high school and will attend Community college part time?
A: You don't continue to pay child support after age 18 unless the child is in high school, then you pay to age 19 or graduation. You are obligated to continue to pay child support until any arrearages are fully paid.
Q. In va if my child is over 18 and decides to go to college am I still required to pay child support?
A: Va. Code § 20-124.2, "C. The court may order that support be paid for any child of the parties. Upon request of either party, the court may order that such support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law." Va. Code § 20-60.3, "16. A statement that if any arrearages for child support, including interest or fees, exist at the time the youngest child included in the order emancipates, payments shall continue in the total amount due (current support plus amount applied toward arrearages) at the time of emancipation until all arrearages are paid." So, the child support obligation stops at age 18 unless the child is in high school, then it is graduation or 19, whichever comes first. However, child support payments continue as is until any arrearages with interest are paid off. No obligation to pay for college unless there is a written agreement between the parents to that effect.
Q. When you say child support continues until arrearages are paid off, do you mean as they are set now?
A: Va. Code 20-60.3, "14. Notice that in determination of a support obligation, the support obligation as it becomes due and unpaid creates a judgment by operation of law. The order shall also provide, pursuant to § 20-78.2, for interest on the arrearage at the judgment rate as established by § 6.2-302 unless the obligee, in a writing submitted to the court, waives the collection of interest." The support cannot be changed, as stated above, they create a judgment by operation of law. The judge can vary the rate at which the arrearages are paid, i.e., less over longer time, or more in less time. Be aware that the arrearages carry a 6% rate of interest, which is a disincentive to drag this out.
Q. Do you need to file anything with court once child graduates from high school for child support termination?
A: Generally, no further filing is required. The terms of the order should clearly state the terminating events. However, if one has multiple supported children, then one would want to file a modification action rather than just proportionally reduce support for the remaining minor children. Likewise, one might want to obtain a terminating order if there is an income deduction order in play or one had a loan application pending that is conditioned upon the child support obligation.
Q. I live in Virginia my daughter lives in Florida. Can I file for custody in Virginia to get her with me
A: The location to file for custody is determined by the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA. See Va. Code § 20-146.12. Initial child custody jurisdiction. The starting point is the child's "home state." "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. If you daughter has lived in Florida for the past six months, you file in Florida. See Va. Code § 20-146.1, et seq.
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1945 Old Gallows Road
Suite 205
Vienna, VA 22182
USA
Telephone: (703) 883-3707