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

Where each party sought an order to have the other party pay attorney fees incurred in connection with father’s petition to show cause regarding mother’s failure to timely provide income information, to participate in a division of disputed person property ...

Tagged with: Domestic Relations Judge James W. Haley Jr. Virginia Court of Appeals

Where a father disclosed a sealed report to the children’s stepmother concerning a court-ordered independent psychological evaluation, the court erred by dismissing his de novo appeal of the J&RD court’s custody award to mother. Dismissal was an “unduly severe sanction” ...

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

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