Virginia Lawyers Weekly VA Lawyers Weekly

For spousal support purposes, the trial court did not err in declining to impute income to a spouse who retired voluntarily at age 58 and took up various volunteer activities. Background Husband and Wife were married in 1980 and separated ...

Tagged with: Attorneys Fees Domestic Relations Family Law Judge Randolph A. Beales Virginia Court of Appeals

The circuit court’s equitable distribution and support determinations were not in error, and the wife didn’t proffer for the appellate record purported after-acquired evidence of additional property that could have merited reconsideration. Background The parties were married in 1999. Husband ...

Tagged with: Domestic Relations Family Law Judge Marla Graff Decker Virginia Court of Appeals

For equitable distribution purposes, a retired professional athlete’s line-of-duty disability benefits were correctly evaluated similar to pension benefits under Code § 20-107.3(G), rather than personal injury compensation under subsection (H). Background The parties were married in 1999 and had two ...

Tagged with: Domestic Relations Family Law Judge Marla Graff Decker Virginia Court of Appeals

A jury should have been allowed to consider whether it was reasonable for the defendant, charged with possessing a firearm while subject to a protective order, to believe that a JDR court had dissolved the order. Background While Appellant Nicholas ...

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

Despite the divorcing parties’ substantial marital debt, Husband’s decision to sell their assets for less than their value – without obtaining wife’s approval – was contrary to an existing court order and constituted waste of marital assets for equitable distribution ...

Tagged with: Domestic Relations Family Law Judge Rossie D. Alston Jr. Virginia Court of Appeals

The circuit court erred in holding that a father’s payment to his ex-wife, purportedly in satisfaction of the final divorce agreement and decree, was actually a “gift” made to the couple’s adult son. The father made the check out to ...

Tagged with: Domestic Relations Family Law Virginia Court of Appeals

A mother’s conviction for felony child neglect was supported by evidence that she was driving with a blood alcohol concentration that was triple the legal limit, with her children in the car. Background On December 25, 2014, Officer A. Lasco ...

Tagged with: Criminal Family Law Judge Wesley G. Russell Jr. Virginia Court of Appeals

After apparently consenting to adoption by an employee of the delivering hospital, a mother could not prevail on claims that the hospital, its doctors, and the employee’s attorney had tortiously interfered with her parental rights. She never alleged that these ...

Tagged with: Family Law Justice D. Arthur Kelsey Parental Rights Supreme Court of Virginia Tort

Evidence didn’t support the circuit court’s ruling that a mother failed to remedy past conditions of child abuse. The record also didn’t support affirmance on the alternate ground of inadequate parenting skills advance by the Department of Social Services. Background ...

Tagged with: Domestic Relations Family Law Judge Wesley G. Russell Jr. Parental Rights Virginia Court of Appeals

The court of appeals could not review the trial court’s fee award because it arose out of the trial court’s unreviewable decision that a party was not in contempt. Background In 2013, the parties entered into a separation agreement, which ...

Tagged with: Civil Procedure Domestic Relations Family Law Judge Robert P. Frank Virginia Court of Appeals