Virginia Lawyers Weekly VA Lawyers Weekly

Where the parties agreed that appellant could not reduce appellee’s share of his military pension by electing to receive disability pay instead of retired pay, appellant’s later election to receive disability pay and Combat-Related Special Compensation, which reduced appellee’s share, ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where the parties’ temporary agreement provided wife with lump sum and monthly payments, the trial court correctly refused to order husband to pay arrearages accrued under the agreement because wife waived her right to retroactive support in a consent order. ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where father’s child support payments were in arrears, he is not entitled to a credit for nonconforming support payments he made while the parties’ child was in his temporary custody. A credit can be awarded when the payor parent obtains ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where the father alleged his ex-wife removed their two minor children from Anguilla to the United States in violation of his custody rights, but the mother showed the father consented to their removal, and the older and more mature child ...

Tagged with: Domestic Relations Judge Norman K. Moon U.S. District Court - Western District

Although husband did not waive the right to appeal an attorney fee award to wife in the parties’ separation agreement, the trial court’s $33,900 award was reasonable, and wife may request “more attorney fees for the expenses she incurred in ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where father provided no admissible evidence to support his request to reduce his child support obligation, there was no error in the court’s evidentiary rulings. Mother’s motion to strike was properly granted. Documentary evidence “Father contends the court erred in ...

Tagged with: Domestic Relations Judge Mary Grace O'Brien Virginia Court of Appeals

The trial court applied the correct burden of proof to determine the parties’ interests in the marital home’s equity. It is not wife’s burden to prove marital contributions caused the increased value in the marital home. Rather, husband, as the ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where husband did not designate his wife as a survivor beneficiary on his Virginia Retirement System retirement plan despite a court order requiring him to do so, the circuit court incorrectly ordered VRS to pay survivor benefits. Under the relevant ...

Tagged with: Domestic Relations Judge Mary Bennett Malveaux Virginia Court of Appeals

The pendente lite order in this case, which gave wife exclusive control of the former marital home, is neither a final order nor an appealable interlocutory order. As a result, husband’s appeal is dismissed for lack of jurisdiction. Overview Before ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where a woman sued her ex-husband for return of all assets awarded in their divorce, but both parties resided in Virginia and there was no allegation the ex-husband was acting under color of state law, the suit was dismissed because ...

Tagged with: Domestic Relations Judge Elizabeth K. Dillon U.S. District Court - Western District