Curran Moher Weis Proudly Sponsors the 2022 Fairfax Law Foundation Heroes vs. Villains 5k

For the 8th consecutive year, Curran Moher Weis will sponsor the annual Heroes vs. Villains Run for Justice 5K, and for 2022 we are serving as the main Superhero-level sponsor of the event. And we are looking forward to getting back on the course after a two-year hiatus due to the pandemic!

This race is one of the most important fundraising events for the Fairfax Law Foundation which supports pro bono legal service programs for Fairfax County residents who could not otherwise afford representation. The Foundation’s program also provides legal education programs and interactive activities for area students.

Curran Moher Weis has sponsored the event every year since our inception in 2012, as part of our effort to give back to the Northern Virginia community we serve. Our exceptional attorneys and staff will be out in full force at the event – running, volunteering, and cheering on race participants.

Stop by the Curran Moher Weis table for even more fun, including games and activities to keep children – and adults – occupied before and after the race! And follow us on Twitter (twitter.com/curranmoherweis) or Instagram (instagram.com/curranmoherweis) for the latest news and photos leading up to and on race day.

More Information:
Fairfax Law Foundation Heroes vs. Villains Run for Justice 5K
Sunday, April 24, 2022 (Kids’ Fun Run: 8:30 a.m. | 5K: 9 a.m.)
Fairfax Corner (4100 Monument Corner Drive | Fairfax, VA 22030)

Curran Moher Weis Promotes Nicole Grejda, Esq., to Partner

We are pleased to announce that Nicole Grejda, Esq., has been promoted to partner at Curran Moher Weis. Ms. Grejda has been with us since 2017 and has since successfully represented our clients in multiple complex, high net-worth divorce cases, earned a certification in collaborative law, and, as of this past summer, is a trained professional mediator.

Our Managing Partner Grant Moher, Esq. said it best, “Ms. Grejda is a highly effective attorney. She is sharp and focused, both in court and at the negotiating table. She also cares deeply for her clients, and it shows in her work. We are proud to add her as a partner to our firm.”

Read the official press release here, and learn more about Ms. Grejda’s background and how to book a consultation with her here.

For Second Year, Curran Moher Weis is Primary Sponsor for Annual Fairfax Law Foundation Run for Justice

Author: Curran Moher Weis

Curran Moher Weis has signed on as the primary sponsor of the annual Fairfax Law Foundation Heroes vs. Villains Run for Justice 5K, for the second year in a row. As we enter a new decade, 2020 also marks the 8th consecutive year that the firm has sponsored the race, which raises money to support pro bono legal services and educational programs for Fairfax County residents and students.

“We represent many individuals and families in Northern Virginia, often through some of the most challenging times of their lives,” said Grant Moher, Esq., managing partner of Curran Moher Weis. “It is important to us to give back to this community in ways that support families and children having better access to education and resources to improve their well-being and opportunities.”

The 5K is a family friendly event, where big and little runners (and non-runners) are encouraged to come out, have fun and wear their superhero or villain best. Curran Moher Weis will be announcing the race winners, and will have a booth on-site all day with free items, games and activities.

While the race is typically held in mid-April, given the essential need for individuals and communities to aid in the containment of the novel coronavirus, the 5K will this year, occur in Summer 2020. The exact date will be announced soon as further information is known and decisions are made.

Visit our blog or follow us on Instagram and Twitter for the latest updates and other firm and family law-related news.

Curran Moher Weis to Sponsor Event to Provide Resources for Women and Girls in Shelters

Curran Moher Weis takes an active role in supporting and giving back to the Northern Virginia community, particularly initiatives that protect children and families. This year, the firm will serve as the Champion Sponsor of the signature fundraising event for the organization, Bringing Resources to Aid Women’s Shelters (BRAWS).

BRAWS’ mission is to bring dignity and empowerment to women and girls living in shelters by providing new, personally fitted undergarments and menstrual supplies. To put their impact in perspective, in a single year, the organization distributed more than 2 million of those essential supplies to more than 80 shelters and schools that serve some 6,000 women and girls.

In addition, BRAWS, in partnership with the Girl Up Club’s menstrual equity program at Justice, is collaborating with Fairfax County Public Schools to pilot a program providing free menstrual products in several of the schools’ girls’ restrooms for the first time.

The annual event, called “Mardi Bras,” will be held on February 28 this year, at the Westwood Country Club. Keep up with updates on how Curran Moher Weis supports Fairfax County and Northern Virginia children and families, and other family law news and expert perspectives, at www.curranmoher.com/blog.

HOW IS HOME OWNERSHIP DETERMINED IN A DIVORCE?

By Daniel Schy, Esq.

As the busy spring housing market kicks into gear, it is a relevant time to shed light on one of the most complex aspects of divorce – what to do with the marital home.  This question is complex for many reasons, but primarily because it encompasses the substantial, sensitive mix of financial, emotional, and legal considerations.

From a legal standpoint, Virginia utilizes a process called equitable distribution to divide the assets and debts of the marriage, including real property.  Critical to the understanding of how real property can be distributed is understanding the difference between having a legal interest in real property and having an equitable interest in it.  Generally, the former refers to the individual(s) who are titled on a property, and, while the legal interest may affect the Court’s authority to address which party receives real property in a divorce, it typically will not impact the equitable interest each party may have.  More succinctly, a spouse can have an equitable interest even if he/she isn’t on the title.

The first step in the equitable distribution of property, such as a home, is identifying what real property is, in fact, an asset of the marital estate.  The Court must determine whether the home is separate property, marital property, or some hybrid of the two.

Separate Property:

There are several ways property may be considered separate property, with the most common situation in divorce cases arising from one spouse’s purchase of the property prior to marriage.  There are others – obtaining real property by the use of separate funds, by gift, or by bequest – but the overarching concept is that certain property may retain a separate nature.  For instance, if one spouse purchases a home and pays off the mortgage using separate income, then the home will be considered a purely separate asset.  The Court has no authority to distribute separate property in a divorce.

Marital Property:

Most property acquired during marriages will be considered marital property.   Income earned during the marriage is considered marital property, and, consequently, real property paid for by marital property will likewise be marital.  For instance, the parties purchase a home after they marry and use income earned during the marriage for a down payment and to pay the subsequent mortgage.  This property will be considered a purely martial asset regardless of whether it was only one or both spouses whose income contributed to the mortgage payments, and the Court will use the factors set forth in §20-107.3 of the Code of Virginia to determine how the property will be distributed. 

Hybrid Property:

As the name suggests, the classification of hybrid property occurs when there exists both a marital interest and a separate interest in the real property.  For example, one spouse purchases a home prior to the parties’ marriage, using his/her separate funds for a down payment and making payments from his/her income toward the mortgage leading up to the parties’ marriage.  Subsequent to the marriage, the income earned during the marriage is used to continue making payments on the mortgage.  As a result, this party is likely to be classified as hybrid property.

Other situations where a property can become hybridized is where one spouse makes a contribution of their own separate property to the equity in the home, and where one spouse’s significant personal labor and efforts can be linked to an appreciate of the separate property during the marriage.

The separate interest in the hybrid property cannot be distributed, and will remain the property/interest of that party, and the remaining portion that is martial will be subject to equitable distribution.  In many, but not all, similar situations, the party making the initial down payment may be permitted to a greater share of any equity in the home.

Does Legal Title Matter?

The short answer is: sometimes.  While the equitable interest discussion typically dominates the conversation when distributing real property, legal interest can also be of consequence.  More specifically, legal title can impact the distribution of assets because the Virginia Code specifically prohibits the Court from dividing or transferring property or titled in only one of the parties’ name.

For example, if the divorcing parties purchase a home during their marriage, but because one spouse has poor credit, he/she isn’t on the mortgage or the title.  Each party would still have an equitable interest, but the Court would not have the authority to transfer the property from the spouse who is titled to the spouse who isn’t titled.  The Court can only do so if both parties are titled on the real property.

So What Happens to the Home?

In a situation where the Court cannot transfer the title to a party who is not on the title, the Court has the authority to order a monetary award. This would be payable as a fixed sum or over a period of time in fixed amounts, to the non-titled party as for his or her equitable interest in the house.

If both parties are on a home title, the Court may grant it to one of the parties, while typically also awarding the other spouse payment for his/her equitable interest in the real property.  In doing so, the Court must consider the factors set forth in §20-107.3 of the Code of Virginia to make that determination.

For example, the Court could find that the real property is marital property, but elects to award it to one spouse.  The Court also finds that there is $100,000 of equity in the real property, and divides that equitable interest evenly.  While the Court has awarded the house to one party, it will usually also order that spouse to pay the other party his or her share of equitable interest.  Alternatively, the Court may also order the sale of the property and apportion the proceeds (or debts, if the sale price fails to cover that which is owed on the mortgage) to either party or both parties.

When you hear someone going through divorce litigation say, “I want the house,” while that may happen, it does not come without the cost of buying out the other spouse’s interest. It is an extreme rarity for a spouse to be awarded a home encumbered by a mortgage but to have the other spouse continue to be completely liable on the mortgage with no financial responsibility on the spouse receiving the home.

There are far more nuances than can be covered in a brief overview of what to do with your home during divorce.  The circumstances of each case will dictate how the distribution of real property should occur, and having a trusted attorney assisting is critical to understanding your options.

The attorneys at Curran Moher Weis have the knowledge and experience to help you navigate this and other complex issues of your divorce.  Contact us here or call us at (571) 328-5020 to set up a consultation today.

Curran Moher Weis Signs on as Main Sponsor for 2019 Heroes vs. Villains Run for Justice

For the 7th consecutive year, Curran Moher Weis will sponsor the Annual Heroes vs. Villains Run for Justice 5K – and in 2019, serve as the main, Superhero-level sponsor of the event.

This will be a milestone year, marking 10 years that the Fairfax Law Foundation has hosted the race, which supports pro bono legal service programs for Fairfax County residents who could not otherwise afford representation. The Foundation’s program also provides legal education programs and interactive activities for area students.

Curran Moher Weis has sponsored the event every year since our inception in 2012, as part of our effort to give back to the Northern Virginia community we serve. Our exceptional attorneys and staff will be out in full force at the event – running, volunteering and cheering on race participants.

Stop by the Curran Moher Weis booth for even more fun, including games and activities to keep children – and adults – occupied before and after the race! And follow us on Twitter (twitter.com/curranmoherweis) or Instagram (instagram.com/curranmoherweis) for the latest news, and photos, leading up to and on race day.

More Information:

Fairfax Law Foundation Heroes vs. Villains Run for Justice 5K

Sunday, April 7, 2019 (Kids’ Fun Run: 8:30 a.m. | 5K: 9 a.m.)

Fairfax Corner (4100 Monument Corner Drive | Fairfax, VA 22030) | Course Map

Register to run, or sign up as a volunteer.

Divorce, Custody, and Child Support for Parents of Children with Special Needs (Part I)

By: Demian J. McGarry, Esq., and Nicole Grejda, Esq.

This is the first in a series of blogs Curran Moher Weis attorneys will be publishing on divorce and child support involving children with special needs. We invite you to bookmark our blog and check back regularly for further input on this important topic.

If you have a child with special needs, you already face a great deal of unique challenges. Those challenges become increasingly complex if you are also navigating a divorce and/or a child custody, visitation, or child support determination in Virginia.

At Curran Moher Weis, we believe that when a marriage or partnership involving children dissolves, it is of the utmost importance to consider solutions that benefit the child(ren) – especially those with special needs. That starts with ensuring you have an experienced family law attorney who understands the complexities of these issues and can help you understand them as well. This blog series will shed light on this special area of focus for our firm.

Custody and Visitation of Children with Special Needs 

In divorce cases in Virginia, the court is asked to determine a custody and visitation schedule that is in the best interests of the child.  When a child has special needs, several points of consideration factor into the court’s decision.

One factor the court must consider is “the age and physical and mental condition of the child, giving due consideration to the child’s change developmental needs.” This means the court will consider how experienced and knowledgeable a parent is regarding the administration of medication to the child, how involved a parent is in the child’s necessary services, such as individualized educational programs (IEPs) and occupational, physical, or mental health therapy, and how much time a parent can devote to the daily care of the child.  If parents are conflicted about how to care for a child, the court may consider which parent has acted in the child’s best interests to that point, and which parent articulates the best plan for the child going forward.  The court will also consider how prepared and able each parent is to have the child with him or her.

Child Support Involving Children with Special Needs 

The court is commonly asked to determine the appropriate amount of child support payable by one parent to the other for the benefit of the child, under “guidelines” set forth in Virginia Code Section 20-108.2.

The amount of support calculated with those guidelines is presumed correct unless there is relevant evidence that a deviation would be in the best interest of the child based on factors set forth in Section 20-108.1(B). One factor that must be considered pursuant to Section 20-108.1(B)(8) is “any special needs of a child resulting from any physical, emotional, or medical condition.” A court may consider, for example, the cost of medication, medical equipment, nursing services in the home, medical transportation, and the cost associated with treatment plans.

Although child support typically terminates when a child reaches the age of majority or otherwise emancipates, for a special need child, child support can be extended for significantly longer.  For example, pursuant to Virginia Code Section 20-124.2(C), the court may order that child support 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 […]; (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support.

While we’re sharing these codes of Virginia law as information to know about these issues, don’t worry about remembering them.  That’s our job.

Special Needs Trust/ABLE Account 

The court may also order that child support payments be paid to a Special Needs Trust or an ABLE account.

Special Needs Trusts are often created to address the unique needs of the child and to ensure that child support payments or other funds are used to meet those unique needs. Special Needs Trusts also provide an additional benefit: if money is held in a Special Needs Trust for the benefit of the child instead of being paid directly to the child to meet his or her living expenses, then the child is not deemed ineligible to qualify for government benefits such as social security income and/or Medicaid. A child will therefore be able to receive support from the Special Needs Trust in addition to any applicable government benefits.

An ABLE account is a tax-advantaged savings account for a person who becomes disabled prior to the age of 26. As long as the funds held in the ABLE account are used for “qualifying expenses,” then the earnings on the account investments are not taxed. Similar to a Special Needs Trust, funds in an ABLE account do not risk the child being deemed ineligible to qualify for government benefits.

Supplemental Security Income (SSI) 

Divorcing parents of children with special needs, or those navigating a child support matter, also need to be aware of the numerous public resources that may be available to them.  Parents may receive Supplemental Security Income (SSI) on behalf of their physically and/or intellectually challenged child.  SSI:

• Is designed to help aged, blind, and disabled people, who have little or no income; and
• Provides financial assistance to meet basic needs for food, clothing, and shelter.

Parents also need to be aware that in Virginia, a custodial parent’s receipt of SSI benefits for a special needs child does not entitle the non-custodial parent to a credit or reduction in their child support. SSI benefits received for a child are designed to supplement other income, not substitute for it.

Medicaid Waivers 

Medicaid waivers can be a critical element in the care plan for a physically and/or intellectually challenged child. A Medicaid waiver is a provision in Medicaid law which allows the federal government to waive rules that usually apply to the Medicaid program. The intention is to allow individual states to accomplish certain goals, such as reducing costs, expanding coverage or improving care for certain target groups. Thanks to these waivers, states can provide services to their residents that wouldn’t usually be covered by Medicaid. For instance, in-home care for people who would otherwise have to go into long-term institutional care.

In Virginia, there are six different Medicaid waiver programs, three of which are relevant to minors:

• the CCC Plus Waiver;
• the Intellectual Disability Waiver; and
• the Individual and Family Support Waiver.

Coverage under these waivers may provide for in-home attendant care, respite care and nursing care at various levels.  Attendant care is direct support in the home and community with personal assistance, activities of daily living, using the community, taking medication and care of other health needs. They can either be provided by an agency or by consumer-directed services. Consumer-Directed Services offer the individual/family the option of hiring workers directly, rather than using traditional agency staff.  Respite care services provided for unpaid caregivers (e.g. parent) of eligible individuals who are unable to care for themselves that are provided on an episodic or routine basis because of the absence of or need for relief of those unpaid persons who routinely provide the care.  To put it simply, respite care provides the much needed physical and mental health breaks for the caregiving parent so they can leave the home.

Parents should maximize benefits available to them under the waiver as coverage can significantly reduce the out-of-pocket unreimbursed medical expenses that they may otherwise be obligated to pay under a child support order. The scope of the unreimbursed medical expenses statute contained in Virginia Code §20-108.2(D) is broad enough to cover attendant and respite care.

Make Sure Your Attorney Has Expertise in Special Needs Cases

Special needs issues in divorce, custody and child support situations continue to increase. Often, these issues create a mine field for families trying to navigate this very complicated and niche area. Consultation with a family law attorney who is familiar with special needs issues can ensure that your interests are protected and objectives maximized.

Curran Moher Weis attorneys are dedicated to supporting parents of children with special needs, and have decades of experience successfully guiding them through these complex matters. Contact us to set up a consultation, and stay tuned for future posts, as we help you learn more about this important topic.

CMW’s Jason Weis to Serve as Expert Panelist on Adultery Webinar

On Thursday, April 19, Curran Moher Weis’ partner Jason Weis, Esq., will serve as a panelist on the webinar, “Discovering and Dealing with Adultery,” hosted by the D.C. Bar Family Law Community.

The webinar will address the emotional and legal implications couples face when infidelity is discovered. Mr. Weis will serve as the family law expert panelist – sharing his legal knowledge and expertise on adultery in Virginia, Maryland and D.C., and helping to educate fellow attorneys, counselors and investigators about how the different jurisdictions currently handle adultery in divorce and family law cases. Other panelists include a private investigator and mental health professional. The webinar will be broadcast live from 6-7:45 p.m. EDT.

Click here for more information on joining the webinar. Read more about Mr. Weis’ expertise in adultery and other family law matters here, or request a consultation with him. Keep up with the latest news from Curran Moher Weis through our blog, or follow us on Twitter.

Curran Moher Weis Sponsors Heroes vs. Villains Run for Justice for 6th Consecutive Year

Curran Moher Weis is dedicated to the Northern Virginia community in many ways – from the core of our business in supporting clients through the challenges of divorce and important family law matters, but also by giving back to communities we serve. For the sixth year in a row, Curran Moher Weis will sponsor the Annual Heroes vs. Villains Run for Justice 5K.

The event, which this year will be held Sunday, April 15, supports pro bono programs that provide legal services to Fairfax County residents who could not otherwise afford them, as well as legal education programs and interactive activities, such as mock trial experiences, for local students. Curran Moher Weis has proudly served as a major sponsor of this event every year since our founding in 2012, including serving as the headline “Superhero” level sponsor. See more about last year’s event, including input from our esteemed founder and managing partner Grant Moher, Esq., in this Fairfax Times article.

We encourage you to come join the event as a runner or as a volunteer to help ensure a safe, fun experience for the adults and children in attendance. Learn more about volunteer needs here and/or sign up as a volunteer through this form.

What: Fairfax Law Foundation Heroes vs. Villains Run for Justice 5K

When: Sunday, April 15, 2018 (Kids’ Fun Run: 8:30 a.m. | 5K: 9 a.m.)

Where: Fairfax Corner (4100 Monument Corner Drive | Fairfax, VA 22030) | See the Course Map

As always, the Curran Moher Weis team will be in full force with firm members, friends, and family members volunteering and running. We hope to see you there!

Curran Moher Weis Welcomes Steven Goldman as Partner

We are proud to announce Steven Goldman, Esq. as partner at Curran Moher Weis, P.C. Steve joined our firm in 2014 and has since become one of our star attorneys and a leader both within the firm and among the legal profession as a whole.

Outside of serving as a supportive and steadfast advocate for his clients, Steve is actively involved in several organizations to support the local community and enhance and advance the family law profession. Currently, he serves as Membership Chair of the Collaborative Professionals of Northern Virginia, and a volunteer with the Fairfax County Bar Association.

Our senior partner Gerald Curran, Esq. weighed in on this exciting announcement: “Steve is by far one of the best domestic relations attorneys in the Northern Virginia area. He has quickly and effectively established himself as a successful and strident advocate for our clients, and as a leader within our firm and among the legal profession at-large. We couldn’t be more pleased to associate with him as our partner, to recognize his accomplishments and to know that he will, for years to come, continue to make significant contributions not only to our firm but to the legal community as well.”

Check out news of Steve being named partner at Curran Moher Weis in the Washington Business Journal and the Washington Post, and see the official press release here.

Follow the latest news from Curran Moher Weis through our blog, and by following us on Twitter.