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 ...

Tagged with: Contract Domestic Relations Family Law Judge Michelle J. Atkins Norfolk Circuit Court Virginia Circuit Courts

The circuit court did not err in holding that a father in prison on his third shoplifting offense could not meet his child’s need for stable housing, language development, and proper nutrition and clothing, even upon release. Background The Charlotte ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

Although a mother had gotten a job, completed parenting classes, and attended counseling, her housing was not stable enough to provide care for her three young children, two of whom needed therapy. Background Appellant Misty Watkins and Johnathan Watkins are ...

Tagged with: Family Law Parental Rights Per Curiam Opinion Virginia Court of Appeals

The circuit court did not err in finding that, in light of both parties’ respective contributions to the breakdown of their marriage and the wife’s substantially lower economic prospects, an award of spousal support to her was warranted despite her ...

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

For spousal support purposes, the trial court did not err in declining to impute income to a spouse who retired voluntarily at age 58 and took up various volunteer activities. Background Husband and Wife were married in 1980 and separated ...

Tagged with: Attorneys Fees Domestic Relations Family Law Judge Randolph A. Beales Virginia Court of Appeals

The circuit court’s equitable distribution and support determinations were not in error, and the wife didn’t proffer for the appellate record purported after-acquired evidence of additional property that could have merited reconsideration. Background The parties were married in 1999. Husband ...

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

For equitable distribution purposes, a retired professional athlete’s line-of-duty disability benefits were correctly evaluated similar to pension benefits under Code § 20-107.3(G), rather than personal injury compensation under subsection (H). Background The parties were married in 1999 and had two ...

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

Despite the divorcing parties’ substantial marital debt, Husband’s decision to sell their assets for less than their value – without obtaining wife’s approval – was contrary to an existing court order and constituted waste of marital assets for equitable distribution ...

Tagged with: Domestic Relations Family Law Judge Rossie D. Alston Jr. Virginia Court of Appeals

The circuit court erred in holding that a father’s payment to his ex-wife, purportedly in satisfaction of the final divorce agreement and decree, was actually a “gift” made to the couple’s adult son. The father made the check out to ...

Tagged with: Domestic Relations Family Law Virginia Court of Appeals

A mother’s conviction for felony child neglect was supported by evidence that she was driving with a blood alcohol concentration that was triple the legal limit, with her children in the car. Background On December 25, 2014, Officer A. Lasco ...

Tagged with: Criminal Family Law Judge Wesley G. Russell Jr. Virginia Court of Appeals