Virginia Lawyers Weekly VA Lawyers Weekly

The circuit court made adequate findings when awarding the wife a lump sum spousal support award payable over five years in monthly installments. The husband cannot argue on appeal that the circuit court did not make findings of fact relating ...

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

Where father receives child support payment from mother, father’s income from his rental units may be offset by his reasonable rental business expenses for purposes of calculating the child support guidelines. Background Father owns two residential properties, which he leases. ...

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

Where defendant, a U.S. Navy retiree, began receiving military retirement pay and later “Concurrent Retirement Disability Pay,” both are military retirement pay that must be divided under the parties’ property settlement. Howell v. Howell, 137 S. Ct. 1400 (2017), which ...

Tagged with: Domestic Relations Judge Gary A. Mills Newport News Circuit Court Virginia Circuit Courts

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

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

Where the parties’ separation agreement required husband to remove wife’s name from certain real estate and list the property for sale, the trial court properly found him in contempt when he failed to do so. Overview “Wife alleged that husband ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals

Where a court order provided that father could not seek a modification of his child support obligation until he became current on his payments, the order is void ab initio because it “diminishes the court’s power to decree support[.]” Voidness ...

Tagged with: Domestic Relations Farifax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where the father agreed in a separation and property settlement agreement, or PSA, that the mother had sole legal custody of the children, he could not show her removing them to the United States was in violation of his custody ...

Tagged with: 4th U.S. Circuit Court of Appeals Domestic Relations

Where appellant left her child in appellees’ care to prevent the child’s placement in foster care, this was not a parental placement adoption. As such, and because appellant did not consent to adoption, the JDR court did not have jurisdiction ...

Tagged with: Family Law Virginia Court of Appeals