Virginia Court Decisions
Family Law - Child Support
1323072 Child Support, Attorney's Fees - Brian Maurice Marvin v. Vickie Lynore Marvin 04/22/2008
Trial court did not err in finding appellant's obligation to pay appellee's attorney's fees was in the "nature of support of the child" and was not discharged in bankruptcy proceedings
1337074 Child Custody; Visitation; Child Support; Attorney's Lien - Sherrie Mayo v. Gregory Mayo and The Barnes Law Firm 04/01/2008
Appellant's issues pertaining to child custody, visitation, and child support summarily affirmed; issue pertaining to enforcement of an attorney's lien is transferred to the Supreme Court of Virginia pursuant to Code § 8.01-677.1
0396072 Child Support - Tom A. Broadhead, Jr. v. Anne E. Broadhead 01/29/2008
Trial court erred in finding appellant was voluntarily underemployed by comparing his current position and salary level to the one held at the time of the initial award; matter remanded to trial court to determine whether appellant is voluntarily underemployed in his current position
0541074 Child Support Payments - Betty Jean Stewart-Payne v. Raymond V. Payne 01/29/2008
Error in trial court's decision to allow appellee to continue to make mortgage payments and receive credit for them in lieu of making required child support payments where residence was no longer habitable after a fire, leaving appellant and child without a residence or sufficient funds to obtain shelter
0460074 Child Support Modification - Patrick R. Delaney v. Mary C. Delaney 12/27/2007
Trial court did not err in finding appellant failed to meet his burden of establishing a faultless material change in circumstances warranting a modification of his child support obligation
070136 Child Support/Spousal Support - Martin v. Commonwealth 11/02/2007
In light of Code § 19.2-305(B), which provides that a defendant placed on probation following conviction may be required to provide support for his wife or others, and the General Assembly's adoption of child support guidelines in § 20-108.2, in a criminal proceeding a trial court did not abuse its discretion in requiring a defendant to submit to court-ordered child support as a condition of a suspended sentence. The judgment of the Court of Appeals upholding that order is affirmed.
2303064 Child Support Modification - Bradley Aaron David Nordstrom v. Susan Marie Nordstrom, n/k/a Susan Marie Scott 08/21/2007
Trial court lacked jurisdiction under Virginia's version of the Uniform Interstate Family Support Act to modify existing child support order when neither of the parties nor the child continued to reside in Virginia; order vacated and appellee's motion to modify is dismissed
2089064 Child Support Guidelines - Deborah Clare Olson v. Scott Charles Olson 07/17/2007
Trial court erred in failing to provide a sufficient explanation for its departure from the statutory child support guidelines; judgment reversed and case remanded to the trial court
2411062 Child Support - A. Bruce Ericson v. Catherine Ericson 07/03/2007
Trial court did not err in finding father voluntarily underemployed and in imputing income to him; trial court erred in determining the presumptive level of child support; trial court erred in ordering father to pay mother a pro rata share of the post-high school educational costs which mother has paid for oldest child; judgment affirmed in part, reversed in part, and remanded
0263073 Child Support Reduction- Robert L. Waller, Jr. v. Commonwealth of Virginia, Division of Social Services, etc. 06/19/2007
Summary affirmance - no error in circuit court's decision affirming the juvenile and domestic relations district court's denial of appellant's motion for a reduction in child support
0173062 Child Support & Spousal Support -Victoria Ipsen v. Nathan Roger Moxley 04/10/2007
Trial court erred in finding that a juvenile and domestic relations district court order awarding child and spousal support was nullified by a subsequent pendente lite support order entered in husband's suit for divorce, which he later voluntarily nonsuited, as the district court's support order automatically resumed upon entry of the nonsuit order; judgment reversed and case remanded
060554 Divorce & Child Custody - Switzer v. Switzer 03/02/2007
The Court of Appeals abused its discretion in summarily dismissing divorce and custody appeals brought of right by an indigent pro se litigant based on its prior order barring him from filing future appeals until he paid a $500 judgment entered against him pursuant to Code § 8.01-271.1 as a sanction for filing a frivolous appeal in another custody case involving his son. The order was not narrowly tailored to correct the problem of frivolous filings, and summary dismissal was an unduly severe sanction depriving him of the statutory right to consideration of the appeals. The judgments are reversed and the cases are remanded.
2659054 Child Support - Keith A. Stiles v. Pamela L. Stiles 08/01/2006
Trial court did not err in finding that neither res judicata nor laches barred its child support ruling; trial court's modification of the child support award and its finding that the father was in arrears are affirmed
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