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Monthly Archives: April 2007

Domestic Relations – Equitable Distribution – Tracing Separate Property (access required)

A husband presented sufficient evidence to trace as separate property his contribution of $28,000 toward purchase of the marital home, and the trial court did not err in recognizing that contribution of separate funds. The documentary evidence shows husband had ...

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Domestic Relations – Jurisdiction – Court Order (access required)

A trial court did not err by refusing to declare void and to vacate a trial court order, as appellant husband had six appeals pending in this court at the time he requested additional action by the trial court. It ...

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Domestic Relations – PSA – Husband's Competence – Dementia (access required)

A husband failed to overturn a property settlement agreement by demonstrating that he was incompetent at the time he executed the PSA. Husband’s best evidence was the testimony of the treating neurologist who examined him on Dec. 6, 2004, within ...

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Domestic Relations – Sale Of Marital Realty – Reopening Case (access required)

Although three years had passed since entry of the final divorce decree, the record showed that the parties had not disposed of and distributed the marital realty, and the final decree did not comply with terms set forth in the ...

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Domestic Relations – Spousal Support – Imputed Income (access required)

A trial court did not err in imputing $125,000 in annual income to husband, who was trained as an internal medicine physician, but who had earned less than $33,000 in recent years. Husband argues the trial court abused its discretion ...

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Domestic Relations – Spousal Support – Wife's Remarriage – Parol Evidence (access required)

A trial court did not err in refusing to admit wife’s parol evidence in support of her claim that under the parties’ property settlement agreement, wife’s spousal support would continue after her remarriage. Wife argues the trial court should have ...

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Domestic Relations – Support Reduction – Husband's New Family (access required)

Although husband testified that he had suffered a severe reduction in his $21,000 monthly income since the trial court’s award of spousal and child support, the court was not persuaded by husband’s testimony or his expert evidence regarding his reduction ...

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Domestic Relations – Visitation Change – Children's Sports (access required)

A father who petitioned for increased visitation because he wanted to maximize his eight- and 10-year old sons’ participation in football, baseball, basketball and soccer loses his appeal; the trial judge did not abuse his discretion in denying increased visitation ...

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Workers' Comp – Farm Worker – Bus Accident (access required)

The statutory beneficiaries of an agricultural worker recruited from Mexico to work on a Virginia tobacco farm, who was killed in a bus accident in Mexico on his way to begin employment in Virginia, cannot qualify for death benefits because ...

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