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Tag Archives: Family Law

CAV: Mother’s lack of contact with kids supports termination (access required)

Despite significant compliance with social services requirements to reunite with her five living children, a mother had not substantially remedied the conditions that required them to be placed in foster care. She had not seen the children since they were ...

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Va. Cir.: Support modification not doomed by father’s scant evidence (access required)

If facts could be gleaned from the existing record, a father seeking to modify support obligations wasn’t necessarily required to put on evidence of his children’s current needs, since the Child Support Guidelines include a rebuttable presumption of such needs. ...

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After couple reconciled, arrearage for support erased (access required)

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A husband facing a possible overdue support obligation of up to $238,000 can breathe a little easier with a judge’s ruling that his long-term reconciliation with his wife invalidated her claim for the support arrearage. The husband’s return to the ...

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CAV: Fire changed marital residence from asset to deficiency (access required)

After a divorced couple’s former residence was significantly damaged by fire, the husband was entitled to reimbursements from the wife for his outlays to return to property to saleable condition. The trial court did not err in decreasing the wife’s ...

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CAV: Retroactive support modification can’t cure arrearages (access required)

The circuit court did not err in modifying a husband’s spousal support obligation from about $7,800 to $4,800 based on his ability to pay, but it also properly declined to make the modification retroactive. Background Husband and Wife married in ...

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CAV: Child placement with willing relatives not suitable (access required)

The circuit court did not err in concluding that, despite their willingness to care for a child, the mother’s relatives were not suitable placements due to concerns about their age, health, living conditions, potential criminality, and attentiveness. Background Appellant Paula ...

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CAV: Failure to advise of child’s first communion date didn’t merit contempt (access required)

The trial court erred in holding a father in contempt for failing to notify the mother of their child of the date of their son’s first communion. Background Father and Mother, who separated in 2008, are subject to a final ...

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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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