The trial court correctly awarded mother sole legal and primary physical custody of the parties’ minor child and limited father’s visitation to two two-hour supervised visits per month. Background The parties’ minor child is diagnosed with high functioning autism. As ...

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

Where the ex-wife was receiving spousal support while habitually cohabitating with another person “in a relationship analogous to a marriage for one year or more,” Code § 20-109, the trial court erred by reducing the support award instead of terminating ...

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

Even though the trial court had in rem jurisdiction over husband to issue a divorce decree, it lacked in personam jurisdiction to enter a child support award. Wife’s argument that three different sections of Virginia’s long-arm statute provide personal jurisdiction ...

Tagged with: Domestic Relations Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where the trial court included $800 for monthly child-care expenses in its child support award to mother, this was error because she did not actually incur the expenses. Overview Mother had primary custody of the parties’ three children.  She relocated ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Even though wife’s receipt of an inheritance was a changed circumstance, the trial court properly concluded that it did not warrant ending husband’s spousal support obligation. Facts The final divorce decree awarded wife $800 per month in permanent spousal support. ...

Tagged with: Domestic Relations Judge William G. Petty Virginia Court of Appeals

Where plaintiff husband petitioned for a rule to show cause, alleging that defendant wife violated the parties’ divorce settlement agreement, his later petition to end spousal support does not relate back to the show cause petition. Background The parties’ settlement ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard

Where husband argued that reaching his mandatory retirement age was a changed circumstance that warranted a reduction in wife’s spousal support, the circuit court properly denied the motion. Although his income was reduced, he still had the ability to pay ...

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

The circuit court properly  awarded spousal support to wife for an undefined duration circuit after their 10-month marriage ended. Overview The parties married in May 2016 and separated in March 2017, a few days after their son was born. Wife ...

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

The trial court correctly ruled that husband’s postseparation employment earnings were transmuted into marital property and properly classified a trading account as marital property. Background The parties were married in 2000. They separated and reconciled several times. The last separation ...

Tagged with: Domestic Relations Judge Clifford L. Athey Jr. Virginia Court of Appeals

Appellant’s complaint for an annulment was properly dismissed on appellee’s motion to strike because appellant did not corroborate her claim that at the time of the parties’ marriage, appellant was still married to his first wife. Facts Arebalo, the appellant, ...

Tagged with: Domestic Relations Virginia Court of Appeals