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Family Law

Complaint to enforce support agreement properly dismissed (access required)

The circuit court correctly dismissed appellant’s complaint that alleged appellee breached an agreement to pay child support. The agreement was never incorporated into the circuit court’s final divorce order and, based on appellant’s representation that the JDR court had addressed ...

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Court properly determined retroactive support awards (access required)

The trial court properly granted retroactive child support in this divorce matter. Code § 20-108.1(B) provides that support “shall be determined retroactively,” and, contrary to husband’s assertion,  the statute “contains no requirement of a pendente lite order or hearing to ...

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No jurisdictional defect in parental rights case (access required)

The circuit court erred when it determined that it lacked subject matter jurisdiction over a county social services department’s petitions for permanency planning and parental rights termination of appellee’s two children. Background After an investigation, the Culpepper County Department of ...

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Fifth Amendment limits sexual activity inquiries (access required)

Where defendant’s interrogatory and a request for admissions sought to determine whether plaintiff engaged in adultery, plaintiff’s invocation of his right against self-incrimination limits the scope of his  response. In this divorce proceeding, defendant wife has moved to compel responses ...

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