Virginia Support Modification: Sometimes It’s the Little Things

In LaBrie v. LaBrie, Record No. 1894-14-2 (Va. Ct. Appeals 2015), a former husband sought to reduce or terminate his spousal support obligation of $4,350 per month. It’s a funny case because on first blush it appears that he has decent facts in support of his petition. Nevertheless, the court methodically calls him out on every flaw in his case, buttressed by the former wife’s savvy introduction of videotape evidence showing the former husband looking relatively fit. His petition was denied, and he ultimately lost on appeal. Here’s the blow by blow:

Husband’s Position                                Court’s Response

– I was laid off from my job.                    – You’ve only sought two jobs in two plus years.

– I am disabled.                                       – We have video showing otherwise.

– My doctor says that I’m disabled.        – We have video showing otherwise.

– The SSA says that I am disabled.       – We don’t care. Also, we have video.

– It hurts for me to work.                         – It’s always hurt for you to work.

– I can’t afford to pay.                             – You have other assets you can use to pay it.

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