Where the parties each claim the other violated their oral agreement concerning living together and sharing expenses after the final divorce decree was entered, their property settlement agreement, which provides that any modifications must be in writing, controls the resolution ...

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

The circuit court had jurisdiction to modify a previous order relating to the equitable distribution of the parties’ retirement benefits, even though the correcting order was entered more than 21 days after the original order. Husband argues on appeal that ...

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

The circuit court had personal jurisdiction over husband and subject matter jurisdiction to enter the parties’ consent support order and award wife attorney’s fees. Background The parties separated after a nine-year marriage. On Nov. 29, 2018, wife petitioned the Suffolk ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where mother moved to amend custody of the parties’ child, the record supports the circuit court’s finding that there had been no material change in circumstances since the prior custody award. The circuit court properly denied mother’s motion. Ruling “[T]he ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

There was sufficient evidence for the trial court to determine the marital share of husband’s Army pension. The trial court must do so on remand and decide whether wife is entitled to any part of it up to 50 percent. ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where a JDR court clerk erroneously told father’s counsel that the court’s final order had not been filed, the circuit court erred by treating the statement as a clerical mistake to extend the time in which father had to appeal ...

Tagged with: Domestic Relations Judge Daniel E. Ortiz Virginia Court of Appeals

The trial court correctly imputed income to wife when deciding not to award her spousal support. The court properly determined husband’s income and awarded him the annual child tax credit in alternate years. Background After their 2015 marriage in India, ...

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

Contrary to husband’s argument on appeal, the trial court considered his financial exhibits, along with other evidence, when awarding wife one-half of the marital equity in a residence husband owned before the marriage. The court’s division of this marital asset, ...

Tagged with: Domestic Relations Virginia Court of Appeals

Where a husband appeals the trial court’s modification of a single paragraph in the parties’ voluntary support order, the trial court’s ruling is neither a final order nor an interlocutory order. As a result, his appeal is dismissed for lack ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where husband argues the trial court denied his motion to end spousal support without making written findings and conclusions, he waived this argument on appeal when the court stated it considered the statutory factors, offered to elaborate and counsel declined ...

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