Albert (Visitation Modification)
In Bchara, a wife is granted a divorce while still living under the same roof as her husband.
Bazzle (Result of agreement not incorporated in final decree. Consequence of over-paying support.)
BOARD OF EDUCATION v. EARLS (Drug testing of public school students.)
Goodhand (Parent relocation to Arizona approved.)
Hagwood illustrates premarital agreements and spousal rights.
Joynes (How custody is decided. Mother suffered from bulimia.)
Lehman (August, 2002) involves a mom who traded her rights to part of dad's pension for his right to child support. Dad later went to court and got the child support anyway. Mom complained to the court that dad had violated their agreement, and therefore she should be restored her right to share in his pension. The Court of Appeals said "no".
M. Morgan Cherry & Associates, Ltd. v .Cherry (When support payor owns a majority of the stock in his employer, he cannot reduce his support because his employer reduces his income.)
McLellan (A review of the different types of police stops.)
Miederhoff illustrates a problem when oral contracts are made regarding child support.
Riggins (How child support arrearages are treated by the court.)
Sullivan v. Knick (8/27/02)
involves criteria for determining if a parent may leave Virginia with a child.
Walson (This case shows why an attorney always needs to obtain a client's position in writing with the client's signature.)
+++++++++++++++++++++++
The Federal Government's
Department of Health & Human Services released an important new study on divorce &
remarriage in the United States, in July 2002. The report analyses data from the
National Survey of Family Growth. The report is Bramlett MD and Mosher WD,
"Cohabitation, Marriage, Divorce, and Remarriage in the United States." National
Center for Health Statistics. Vital Health Stat 23 (22).2002.
We provide the text of
the report here. (32 pages in PDF). The citation is DHHS Publication No. (PHS) 2002-1998.
Other Recent Opinions
Virginia Circuit Court
Domestic Relations - Divorce - Marital Fault - Valuation - Close Corporation An Isle of
Wight County commissioner in chancery erred in failing to account for husband's
extra-marital relationship and its impact on the parties' 37-year marriage in
recommending a property split, and the commissioner erred as well in applying a 30-percent
discount (for lack of marketability and minority status) to the value of the couple's
marital interest in a realty business that was a closely held corporation. Stephenson v. Stephenson, 19 Cir. C129256
(1998).
February 19, 2002
Virginia
Supreme Court
Domestic Relations - Child Support Reduction - Parties'
Agreement Although a couple's 1991 divorce decree allowed for renegotiation of the child
support award as the minor children left home, the parties did not obtain court approval
of any lowered amount, and the father, who reduced support payments on his own, is liable
for an arrearage; with the exception of terminating a non-unitary support award upon
achieving majority, specifying future changes in the amount of child support is
inappropriate because it does not allow the divorce court to determine child support based
on contemporary circumstances. Riggins v.
O'Brien, 34 Va. App. 82, 538 S.E.2d 320 (2000). (RTF)
Can my spouse get a share of my personal injury
proceeds?
Virginia
Code § 20-107.3 H states as follows:
. In addition to the monetary award made pursuant to subsection D, and upon
consideration of the factors set forth in subsection E, the court may direct payment of a
percentage of the marital share of any personal injury or workers' compensation recovery
of either party, whether such recovery is payable in a lump sum or over a period of time.
However, the court shall only direct that payment be made as such recovery is payable,
whether by settlement, jury award, court award, or otherwise. “Marital share”
means that part of the total personal injury or workers' compensation recovery
attributable to lost wages or medical expenses to the extent not covered by health
insurance accruing during the marriage and before the last separation of the parties, if
at such time or thereafter at least one of the parties intended that the separation be
permanent.
Legal Services Available -- Every Practice Area on a Single Page
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McLean VA 22120-3026
Telephone: 703-748-0600