Fairfax Family Law Blog

In the latest development of a long and increasingly bitter custody dispute between actress Halle Berry and ex-boyfriend and model Gabriel Aubry, a judge has ruled that the former couple will continue to share child custody of their 3-year-old daughter. While the decision marks a victory for Aubry, the arrangement could change after officials finishing investigating claims that Aubry pushed the nanny who cares for the child.

The couple currently shares joint legal custody of their daughter, but Berry had hoped to convince a judge to award her with full custody. In Virginia, and many other jurisdictions, courts often prefer to award shared custody when possible. Berry also asked the judge to issue an order prohibiting Aubry from visiting the child, but that request was denied.

An online system aimed at facilitating easier payment of child support is becoming increasingly popular in Virginia, according to the state Department of Social Services. The system, known as $4KIDS, saw its highest usage numbers in 2011, with 57 of all child services being submitted online. In addition to helping non-custodial parents more easily make child support payments, officials with the Virginia DSS say the system has also reduced administrative expenses.

The system was launched in 2007 and subsequently redesigned in 2009 in Virginia Interactive, who secured a $99,000 contract with the state. Since the redesign, the system has processed over $60.5 million in over 325,000 payments. The system, which allows parents to make payments at any time via website or phone, has resulted in a $260,000 average increase in monthly child support payments. The program may have contributed to Virginia's record-setting year, with the DSS collecting $648 in child support payments during the course of the year, a 2 percent increase over 2010.

Michaele and Tareq Salahi, best known for intruding on a White House dinner in 2009, are set to formally separate following Michaele's filing of divorce papers in Virginia. The couple had a bitter falling-out after Michaele left her husband for a former boyfriend. Since she left, Tareq has been quoted calling her a "liar" and has accused of her living beyond her means.

For months after her departure from Tareq, Michaele issued no public statements. However, she recently spoke to reporters regarding the impending divorce, stressing that she is not bitter and wants to finalize the split peacefully. She also issued a message to her husband, saying, "Tareq, I wish you the happiness I have now." Tareq has also been relatively quiet, but has been accused of leaking or selling images of the couple's divorce papers and pre-nuptial agreement. He and his lawyer have refused to comment on the allegations.

A recent study from the Pew Research Center may be of interest for Virginia residents. The study shows that at 51 percent, the United States' marriage rate is currently the lowest it has been in history. The director of the National Marriage Project at the University of Virginia explains that the decrease started 40 years ago, dropping even further after the recession began in 2008. He says that marriage "plays a less central role as an institution in American life" and is "less likely to anchor the adult life course."

According to the new study from Cornell University, one of the biggest contributors to this drop may be growing concern about divorce. The study, which was published in the journal Family Relations, found over two thirds of couples that cohabit but are not married already have concerns the various implications of a divorce, particularly the social, economic and emotional effects it could have.