Virginia Lawyers Weekly VA Lawyers Weekly

The circuit court correctly declined to subtract father’s mortgage payment from rents received when calculating his income for child support purposes. Further, the court properly refused to credit father for medical insurance payments on the children’s behalf where there was ...

Tagged with: Domestic Relations Judge Robert J. Humphreys Virginia Court of Appeals

Where the circuit court found appellant neglected her twin daughters and approved plans for foster care placement with a goal of adoption, there were no procedural errors in the proceedings. Further, the record fully supports the court’s dispositional orders. Background ...

Tagged with: Family Law Judge Clifford L. Athey Jr. Virginia Court of Appeals

The circuit court did not “terminate” father’s parental rights when it denied his motion to change custody, imposed conditions father needed to meet before visitation could resume and issued a protective order in favor of mother and the parties’ child. ...

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

The circuit court properly found husband in contempt for failing to pay child support and wife’s work-related child care costs. The parties’ property settlement agreement in the final order of divorce provided that modifications had to be in writing and ...

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

In this custody dispute, where petitioner-father seeks to unseal mother’s expunged criminal records and to intervene in pending expungement proceedings, the court denies petitioner’s motions. Father seeks the sealed records as evidence the court should consider when determining the best ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

The circuit court correctly removed two brothers as co-executors of their mother’s estate and replaced them with a disinterested third party. The “strife and conflict between the brothers[,]” resulting in their inability to agree on even the most trivial matters ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

A suit to impeach a will remains pending because the will contestant has standing to bring the suit. Her signature on a release, which appellant argues is an accord and satisfaction, does not bar the suit because the trial court ...

Tagged with: Supreme Court of Virginia Wills & Trusts

Where wife counterclaimed for a divorce on grounds of adultery, husband’s alleged paramour cannot claim a Fifth Amendment privilege in response to a civil subpoena duces tecum for existing personal, private information, even if such information is incriminating. However, the ...

Tagged with: Domestic Relations Farifax Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where the circuit court ruled that it had issued a final support order and denied husband’s motion for reconsideration, the decision is summarily affirmed. Background The circuit court entered a final divorce decree and a support order. Later, wife moved ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where wife has counterclaimed for a divorce on grounds of cruelty, her allegations that husband sexually abused the parties’ daughters when they were minors, and the effect this had on wife, “do not constitute cruelty for purposes of divorce under ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David W. Lannetti Virginia Circuit Courts