Wife’s Appeal Fails

Mother’s Arguments Procedurally Defaulted

By Deborah Elkins
Published: April 17, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms terminating mother’s rights to her son; mother’s arguments are procedurally defaulted and the record shows mother failed to substantially remedy the causes of foster care after she received appropriate services. Son was placed in foster care at the request of the local department of social services (DSS). For two years, [...]

Father’s Arguments Procedurally Defaulted

By Deborah Elkins
Published: April 16, 2013
Tags: Domestic Relations, Judge Teresa M. Chafin, Virginia Court of Appeals

The Court of Appeals affirms the trial court awarding primary physical custody of the parties’ two daughters to mother who lives in New York; father’s arguments about lack of a material change in circumstance and adverse effects on his relationship with daughters are procedurally defaulted; the trial court’s thorough best interests analysis considered his failure [...]

Corporate Marital Interest Split Upheld

By Deborah Elkins
Published: April 16, 2013
Tags: Domestic Relations, Judge Robert J. Humphreys, Virginia Court of Appeals

In this divorce of a couple with property interests in companies that own and operate hotels in several states, the trial court did not err in valuing in valuing the companies to account for the hotels and the companies’ other assets such as cash, or in assigning a negative value to two companies because husband [...]

Husband Owes Fees for Agreement Breach

By Deborah Elkins
Published: April 16, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although husband supplied to wife unsigned and unfiled copies of his federal tax returns for 2010 and 2011 for purposes of recalculation of spousal support, a Richmond Circuit Court finds these are “true copies,” pending some further dispute based upon husband’s tax returns furnished by the IRS, and orders husband to pay wife’s attorney’s fees [...]

Wife’s Summary Contempt Conviction Reversed

By Deborah Elkins
Published: April 15, 2013
Tags: Domestic Relations, Judge Stephen R. McCullough, Virginia Court of Appeals

A trial court erred in holding wife in summary contempt for her “vindictive” testimony describing her husband’s threats against her during a custody exchange, as the court’s finding that wife was untruthful depended on husband’s sound recording of the exchange and testimony from an observer arranged by husband; the en banc Court of Appeals further [...]

Mother’s Objections Fail

By Deborah Elkins
Published: April 5, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court order awarding father sole custody of the parties’ eight-year-old child; mother expressly included visitation in her circuit appeal and her other appellate arguments are procedurally defaulted. The parties have one child, age eight when the Juvenile and Domestic Relations District (JDR) Court entered an order incorporating [...]

‘Merger’ Doctrine Does Not Wipe Out Fee Award

By Deborah Elkins
Published: April 1, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

A father ordered to pay $27,312 as his share of his child’s fall 2010 college expenses cannot avoid the $20,000 attorney’s fee award the trial judge granted to mother for her pursuit of the college expenses under the couple’s PSA and divorce decree; the Court of Appeals rejects father’s claim that under the “merger doctrine,” [...]

Mother’s Custody Appeal Fails

By Deborah Elkins
Published: March 20, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s awarding custody of minor child to father after he moved to another county; the trial court’s untimely denial of mother’s motion to reconsider bars her appeal. Parents divorced in September 2011. They agreed to joint custody of their minor child with physical custody on alternate weeks [...]

Decree Modified to Enforce Vested Rights

By Deborah Elkins
Published: March 20, 2013
Tags: Domestic Relations, Judge Randolph A. Beales, Virginia Court of Appeals

The Court of Appeals reverses and remands the trial court’s refusal to modify a final divorce decree to effect equalization of the parties’ retirement accounts by substituting another of husband’s retirement accounts after he secretly depleted the named account and committed suicide; the parties’ agreement incorporated in the final decree entitles wife to her attorney’s [...]