2008 November | Virginia Lawyers Weekly - Part 3

Budget woes detailed for house committee

By News in Brief
Published: November 24, 2008

ROANOKE—In dismaying detail, legislative budget writers got their fullest look last week at a darkening fiscal crisis that will soon force them to cut government priorities once held harmless.
“You are at the juncture where all the low-hanging fruit is gone,” members of the House Appropriations Committee learned from the chief of the committee staff, Robert [...]

VSB Disciplinary Actions

By Virginia Lawyers Weekly
Published: November 24, 2008

On October 24, 2008, a Virginia State Bar Third District Subcommittee publicly reprimanded Kristina Marie K. Fitzgerald with terms for violating professional rules that govern diligence, communication, declining or terminating representation, candor toward the tribunal, and misconduct involving dishonesty, fraud, deceit, or misrepresentation that reflects adversely on fitness to practice law. The violations occurred in [...]

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 [...]

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