Virginia Lawyers Weekly VA Lawyers Weekly

The trial court correctly included expenses for the children’s occupational therapist in a $10,336 monthly child support award to wife. The court was not required to treat the contested expense as an unreimbursed medical expense that should have been excluded ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

The court denies defendant’s motion for a declaratory judgment allowing him to buy out his ex-wife’s interest in the former marital home. Overview The parties’ marital settlement agreement, which was incorporated into the final divorce decree on Jan. 19, 2016, ...

Tagged with: Domestic Relations Judge Jeanette A. Irby Loudoun County Circuit Court Virginia Circuit Courts

The trial court correctly awarded mother sole physical and legal custody of the parties’ children but erred by ordering father to take steps to revoke the children’s Greek citizenship. Mother never requested that relief in her pleadings. Facts The parties ...

Tagged with: Domestic Relations Judge Glen A. Huff Virginia Court of Appeals

Where wife challenges post-decree relief granted to husband on the basis that the trial court misinterpreted the parties’ property settlement agreement, her arguments cannot be considered on appeal because she did not timely appeal the final decree. Overview On Sept. ...

Tagged with: Domestic Relations Judge Wesley G. Russell Jr. Virginia Court of Appeals

An incarcerated husband remains liable for his spousal support obligation but is not in contempt of court for failing to pay as ordered in the final divorce decree. The court finds that husband’s spousal support arrearage is $489,239. Judgment is ...

Tagged with: Domestic Relations Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

A divorce decree entered by this court is unaffected by a California court’s divorce order that ended the marriage of plaintiff and his first spouse, even though the California order was entered after plaintiff married defendant but made nunc pro ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts

An arbitration clause in a revocable trust agreement cannot be enforced because the trust is best understood as a donative instrument rather than a written contract. Further, the present controversy did not exist when the trust was executed. Finally, plaintiff ...

Tagged with: Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts Wills & Trusts

Where husband’s income from his chiropractic practice has declined, this is a material change in circumstances that justifies a reduction in his support payments to plaintiff wife. Background Dr. Wichin, upon reaching full retirement age and experiencing a reduction in ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Although the circuit court incorrectly vacated some portions of the parties’ custody settlement agreement, it had the authority to vacate provisions regarding parenting decisions and to “give mother decision-making authority over most issues.” Background The parties, who had two children, ...

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