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Hello again! It sure has been a long time. I blame having a child and being bored by most appellate decisions in the past three years. That being said, there are some fresh appellate decisions we will discuss moving forward and there are remarkable changes in Virginia’s code related to family law that we will also discuss. In the mean time, you can now find us at WillowWood Plaza, 10300 Eaton Place, Suite 260, Fairfax, Virginia 22030. We will see you there.
Can a support payor get reimbursed for overpaying child or spousal support in Virginia? In Ruane v. Ruane, Record No. 1285-15-2 (Va. Ct. Appeals 2016) (unpublished), the Virginia Court of Appeals seems to answer no, except when the answer is yes. Continue reading
Bonhotel v. Watts, Record No. 40-16-3 (Va. Ct. Appeals 2016) (unpublished) discusses two areas of custody law that our judges don’t seem eager to ignore based upon personal observation. Continue reading
A non-parent seeking an initial award of custody to a child has to meet certain difficult standards to override the presumption that the child’s best interest will be served when in the custody of his or her parents, as stated in Bailes v. Sours, 231 Va. 96 (1986) and as reflected in Va. Code § 20-124.2(B). If this presumption is overcome, the court must simply consider the best interests of the child in determining custody. Id. Continue reading
Let’s say you want to prove that your spouse is having an affair. But you don’t want to pay a registered private investigator to do the legwork. And you don’t want to do all of the legwork on your own. So you place an electronic tracking device on your spouse’s car to help do most of the work for you. Can you do this in Virginia? Continue reading
Imagine you’ve just wrapped up a divorce case and the court awarded you 45% of your retired ex-spouse’s pension plan. You would think that you can then rely on getting a specific amount of money, 45% of the monthly pension payment your partner has earned, and there’s no way you’ll be getting less than that. Well, not necessarily. That’s what the Court of Appeals addressed recently in the case of Pederson v. Pederson, Record No. 1178-15-4 (Va. Ct. App. 2016). Continue reading
Premarital agreements, also commonly known as prenuptial agreements or a “prenup”, are contracts. But family law in Virginia can act like a distortion zone, where the normal rules of court are modified or cast aside in favor of pursing fairness, or at least fairness as the judge sees it. So the question is whether a premarital agreement is interpreted like a normal contract, according to the plain language of the agreement, or can be interpreted other ways to achieve a more “fair” outcome. That’s what the Court of Appeals addressed recently in the case of McDaniel v. Griffith, Record No. 0597-15-3 (Va. Ct. App. 2016). Continue reading
Virginia Code § 20-109(A) was amended in 1997 to include language terminating spousal support upon “clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable.” Continue reading