Domestic Relations – Spousal Support – Husband’s Retirement – Wife’s Disability 
By Deborah Elkins
Published: November 24, 2008
Although husband recently retired from his position as a physician earning $91,000 annually, he makes more money now and a Roanoke County Circuit Court says he must continue paying wife $554 in monthly spousal support.
A misconception has developed over the years that upon the retirement of an obligor, his or her child and/or spousal support [...]
Municipal – Insurance – Bus ‘Use’ – Special Needs Student – Immunity
By Deborah Elkins
Published: November 24, 2008
A Brunswick County Circuit Court grants the county school board’s plea in bar to this negligence action filed by an eight-year-old special needs student who alleges he was injured after his school aide failed to remain with him on the bus to assist his exit and he was removed by the bus driver, so that [...]
Zoning – Subdivision Application – Special Exception – Piecemeal Downzoning
By Deborah Elkins
Published: November 24, 2008
The owner and developer who want to subdivide a 23-acre parcel and obtain an exception to the local subdivision ordinance that would allow access by a private road will have their challenge to denial of their application reviewed under the “fairly debatable” standard, and the Loudoun County Circuit Court denies their motion for partial summary [...]
Summary Affirmances
By Deborah Elkins
Published: November 24, 2008
In the following administrative agency appeals, the Court of Appeals has summarily affirmed based on reasoning of the agency decision:
Dominion Va. Power v. Flora, No. 1409-08-1, Nov. 4, 2008, upholding a decision of the Workers’ Compensation Commission that claimant proved a psychiatric disability causally related to his earlier orthopedic injury. VLW 008-7-474(UP), 2 pp.
Potter v. [...]
Domestic Relations – Child Support – Guideline Amount
By Deborah Elkins
Published: November 24, 2008
The Court of Appeals reverses a child support award and remands the case for the trial court to provide written findings for any support award greater than the statutory guideline amount.
Father filed a motion to reduce child support because of the parties’ relocation, father to California and mother to Virginia Beach. Mother stipulated she earned [...]
Domestic Relations – Marital Real Estate – Valuation – Tax Assessment
By Deborah Elkins
Published: November 24, 2008
The Court of Appeals upholds an equitable distribution award that used a valuation of real estate by the commissioner in chancery based on the appraisal presented by husband, as opposed to wife’s testimony about valuation.
The record demonstrates that wife testified that the current tax value of the house was $226,000. The commissioner had evidence from [...]
Domestic Relations – Spousal Support – Imputed Income
By Deborah Elkins
Published: November 24, 2008
A divorce court did not err in declining to impute income to a mother of four children, aged two to 10 years old, who had stayed home to care for the children by agreement of the parties, the Court of Appeals upholds the monthly spousal support award of $2,500 with an undefined duration.
Husband argues the [...]
Domestic Relations – Adoption Petition – Attorney’s Fees
By Deborah Elkins
Published: November 24, 2008
A trial court had no statutory authority to award attorney’s fees to appellee upon dismissal of a couple’s petition for adoption, and the Court of Appeals reverses the trial court decision.
Appellants filed a petition for adoption pursuant to Chapter 12 of Title 63.2. The trial court granted appellee’s motion to dismiss the petition and awarded [...]
Domestic Relations – Adultery – Equitable Distribution – Valuation
By Deborah Elkins
Published: November 24, 2008
Although a witness admitted to sexual intercourse with wife, thus corroborating her admission of a “physical” relationship with the witness, the witness was served with a subpoena immediately before the hearing and was ill and needed medical attention, and the Court of Appeals says the trial court did not abuse its discretion in finding the [...]
Domestic Relations – Spousal Support – Husband’s Award – Attorney’s Fees
By Deborah Elkins
Published: November 24, 2008
A husband was entitled to spousal support, the Court of Appeals says, after husband was laid off from his job as a machinist and the couple agreed he would be a stay-home parent to care for the couple’s children, ages 10 and 14.
Husband investigated returning to work as a machinist, yet the industry has become [...]
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