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Family Law

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. ...

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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 ...

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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 ...

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CAV: Court as factfinder could credit husband’s testimony (access required)

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 ...

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CAV: Pro athlete’s line-of-duty benefits were like pension (access required)

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 ...

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CAV: “Reasonable reliance” defense applied to court order (access required)

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 ...

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CAV: Husband’s unilateral sale was marital waste (access required)

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 ...

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