Procedural Default in Wife’s Second Appeal

ED Award Remanded for Business Valuation

By Deborah Elkins
Published: January 29, 2013
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

A divorce court erred in failing to value a business classified as marital, when wife presented evidence that the business had a gross income of $846,499 in 2011 and a gross income of $715,283 in 2010, and the Court of Appeals reverses the court’s equitable distribution award and remands for further proceedings. Where there is [...]

No Reduction in Husband’s Equity Payment

By Deborah Elkins
Published: January 17, 2013
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover Circuit Court may not modify a couple’s final divorce decree from 2008 in order to reduce the $40,000 sum for husband’s share of the equity upon sale of the home, which has declined in value since the date of the decree; the result may be harsh for the plaintiff, but the parties’ divorce [...]

Physician’s Agreement Not Unconscionable

By Deborah Elkins
Published: January 17, 2013
Tags: Domestic Relations, Judge Rossie D. Alston Jr., Virginia Court of Appeals

The Court of Appeals reverses the circuit’s refusal to enforce a separation agreement requiring physician to pay monthly spousal support wife of 65 percent of his income or at least $10,000; as a matter of law, the agreement is not unconscionable nor do the surrounding circumstances show undue influence . Husband and wife separated after [...]

Third Petition Terminates Mom’s Rights

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

After previously reversing the circuit court terminating mother’s rights to her four children (Fredericksburg Dep’t of Social Servs. v. Washington [VLW 011-7-258(UP)]), the Court of Appeals summarily affirms the circuit court order terminating mother’s rights based on the record evidence that mother remained incapable of caring for the children after extensive counseling services from the [...]

‘Donor’ Father May Assert Parental Rights

By Deborah Elkins
Published: January 17, 2013
Tags: Domestic Relations, Justice William C. Mims, Supreme Court of Virginia

A man who fathered a child with his girlfriend through in vitro fertilization can assert his parental rights, despite a Virginia statute that declares that a sperm “donor” can only be recognized as the father of a child born through assisted conception if the father is married to the mother; the Virginia Supreme Court says [...]

DSS Wins Fees in Guardian Cases

By Deborah Elkins
Published: January 17, 2013
Tags: Elder Law, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

In light of the Salem Circuit Court’s separate appointments of a guardian and conservator for an elderly husband and wife, after their daughter, a physician licensed in another state, unlawfully dispensed medications to the mother, appeared abusive to her father, and was barred from each parent’s nursing home, the court awards $4,370 in attorney’s fees [...]

Ailing Wife Wins Continued Support

By Deborah Elkins
Published: January 7, 2013
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court, Virginia Circuit Courts

In determining spousal support after termination of the parties’ 26-year marriage, a Salem Circuit Court awards wife $2,150 in monthly support, as she is unable to work due to her conditions of lymphoma, diabetes and lupus. Both parties are trying to maintain the standard of living they were accustomed to during marriage. If you take [...]

Support Guidelines Claim Not Preserved

By Deborah Elkins
Published: January 7, 2013
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds a trial court order requiring husband’s child support payment to remain at $600 per month, despite husband’s claim that one of the parties’ three children had reached the age of majority; husband failed to adequately state the basis for his objection. According to the written statement of facts, the trial [...]

Insufficient Appendix Defeats Appeal

By Deborah Elkins
Published: December 19, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals summarily affirms the trial court’s awarding custody of great-aunt’s two grand-nephews to the local department of social services (DSS); her adopted son presented a danger and her insufficient appellate appendix prevents appellate review. Great-aunt petitioned for custody of her two grand-nephews in 2009, about five months after DSS took custody on [...]