Quantcast
Home / Opinion Digests / Family Law

Family Law

Va. Cir.: Support modification not doomed by father’s scant evidence (access required)

If facts could be gleaned from the existing record, a father seeking to modify support obligations wasn’t necessarily required to put on evidence of his children’s current needs, since the Child Support Guidelines include a rebuttable presumption of such needs. ...

Read More »

CAV: Continuance denial during incarceration not improper (access required)

The circuit court did not err in not continuing a hearing to terminate a father’s parental rights while he was incarcerated; nor did it err in determining that termination was in the child’s best interests. The father had minimal contacts ...

Read More »

CAV: Fire changed marital residence from asset to deficiency (access required)

After a divorced couple’s former residence was significantly damaged by fire, the husband was entitled to reimbursements from the wife for his outlays to return to property to saleable condition. The trial court did not err in decreasing the wife’s ...

Read More »

CAV: Retroactive support modification can’t cure arrearages (access required)

The circuit court did not err in modifying a husband’s spousal support obligation from about $7,800 to $4,800 based on his ability to pay, but it also properly declined to make the modification retroactive. Background Husband and Wife married in ...

Read More »

CAV: Child placement with willing relatives not suitable (access required)

The circuit court did not err in concluding that, despite their willingness to care for a child, the mother’s relatives were not suitable placements due to concerns about their age, health, living conditions, potential criminality, and attentiveness. Background Appellant Paula ...

Read More »

CAV: Failure to advise of child’s first communion date didn’t merit contempt (access required)

The trial court erred in holding a father in contempt for failing to notify the mother of their child of the date of their son’s first communion. Background Father and Mother, who separated in 2008, are subject to a final ...

Read More »

Va. Cir.: Implied agreement replaced family support obligations (access required)

Despite a support order entered in 2004, a husband didn’t owe arrearages dating to 2006. He’d stopped paying when the couple reconciled, resumed living together as husband and wife, and had two more children supported solely by the husband’s income. ...

Read More »

Va. Cir.: Wife didn’t misrepresent intent to stay married (access required)

A wife was entitled to enforce a marital agreement’s division of assets in the event of divorce. The evidence did not support her husband’s claim that she fraudulently induced him to sign the agreement by misrepresenting her intention to continue ...

Read More »

CAV: Improvements didn’t cure need for foster care (access required)

Although a mother had gotten a job, completed parenting classes, and attended counseling, her housing was not stable enough to provide care for her three young children, two of whom needed therapy. Background Appellant Misty Watkins and Johnathan Watkins are ...

Read More »