Jennings and Jennings - Attorneys At Law

Jennings and Jennings
10138-C Hull Street Road
Midlothian VA 23112
804-335-0893
Toll Free: 866-655-3982
Fax: 804-276-8013
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Wednesday, July 23, 2008
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Virginia Court Decisions
Family Law - Spousal Support & Alimony

3031074 Spousal Support, Divorce, Contempt of Court - James Edward Greene v. Shirley Haynes Greene 06/03/2008
Summary affirmance - trial court did not err in finding appellant in contempt for failure to pay spousal support

2692072 Divorce, Spousal Support - Kathleen A. Duke v. Andrew L. Duke 05/27/2008
Summary affirmance - Trial court did not err in refusing to order appellee to pay appellant spousal support, in finding appellant underemployed and imputing income to her; issue regarding appeal bond barred by Rule 5A:18

0863073 Divorce, Spousal Support; Property Settlement Agreement - Deborah Ann Stacy v. William Leslie Stacy 04/22/2008
No error in trial court's interpretation of the parties' property settlement agreement; trial court did not err in construing mortgage payments to be spousal support or in terminating those payments pursuant to Code § 20-109(A)

1435074 Divorce; Equitable Distribution; Spousal Support; Attorney's fees - Sam Wright, Jr. v. Kim L. Hamilton-Wright 04/22/2008
No error in trial court's equitable distribution, spousal support, or attorney's fees awards; appellant's challenges to the written statement of facts lack merit where trial court has authority to correct statement of facts at any time record remains in the trial court pursuant to Rule 5A:8(d)

0608071 Jerry D. Rogers v. Deborah N. Rogers - Spousal Support, Bankruptcy - 02/12/2008
Error in trial court's award of spousal support when it concluded it could not compare earlier expense figures to newly provided business expense figures and in presuming appellant would receive a discharge of debt in bankruptcy proceedings

0758071 Donald Davis v. Lesa Robinson - Spousal Support, Child Support - 03/18/2008
No error in trial court's findings that appellant was voluntarily underemployed and failed to prove a material change in circumstances to warrant reduction in spousal support; trial court erred in child support award in failing to impute income to appellant, in not including income from all sources, and failing to consider actual custody arrangement of parties

2990064 Peter J. Eisert v. Dawn M. Eisert - Spousal Support, Child Support, Attorney Fees - 03/18/2008
Trial court did not err in determining the amount and duration of spousal support award to appellee, in determining the amount of the child support award, and in awarding attorney's fees to appellee

0936064 Barbara J. Livingston v. Theodore G. Nanz - Spousal Support, Attorney Fees - 03/04/2008
Trial court erred in reducing the award of spousal support to appellant when it failed to recognize the validity of a prior order that was not appealed and had become final; trial court erred in finding a material change in circumstances had occurred since the prior order

062368 Spousal Support; Marital Property - Purce v. Patterson 01/11/2008
The trial court did not err in ruling that an estranged husband was not eligible for an elective share of the spouse's augmented estate under Code § 64.1-16.3. The record shows that both before and after the parties separated, the husband showed none of the normal indicia of supporting his spouse or of the marital relationship. The evidence was sufficient to support the trial court's holding that he abandoned his wife prior to and continuing until the time of her death under Code § 64.1-16.3. Accordingly, the judgment of the trial court that he was not eligible for an elective share of the wife's augmented estate is affirmed.

0608071 Spousal Support, Bankruptcy - Jerry D. Rogers v. Deborah N. Rogers 02/12/2008
Error in trial court's award of spousal support when it concluded it could not compare earlier expense figures to newly provided business expense figures and in presuming appellant would receive a discharge of debt in bankruptcy proceedings

0482072 Spousal Support - Tatiana Gillespie v. Ajay Goyal 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate

0608071 Spousal Support, Bankruptcy, Divorce - Jerry D. Rogers v. Deborah N. Rogers 02/12/2008
Error in trial court's award of spousal support when it concluded it could not compare earlier expense figures to newly provided business expense figures and in presuming appellant would receive a discharge of debt in bankruptcy proceedings

0608071 Alimony/Spousal Support - Jerry D. Rogers v. Deborah N. Rogers 02/12/2008
Error in trial court's award of spousal support when it concluded it could not compare earlier expense figures to newly provided business expense figures and in presuming appellant would receive a discharge of debt in bankruptcy proceedings

0332072 Spousal Support - Ajay Goyal v. Tatiana Gillespie 02/12/2008
Trial court did not err in awarding contractual support payments to appellee pursuant to a divorce settlement agreement entered into in Cyprus

0482072 Spousal Support - Tatiana Gillespie v. Ajay Goyal 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate

0910071 Spousal Support/Alimony - Advanced Finishing Systems, Inc. and et. al. v. Lisa Brown-Snyder 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate

1613074 Spousal Support - William L. Gibbs, Sr. v. Sue A. Gibbs 02/12/2008
Summary affirmance - no abuse of discretion in trial court's award of spousal support

1574074 Spousal Support - Lowell F. Smith v. Alice L. Thornton-Smith 02/05/2008
No error in trial court's award of rehabilitative spousal support to appellee

0739071 Spousal Support - Brian McKee v. Barbara McKee 01/29/2008
No error in trial court's finding that appellant had the capacity to pay spousal support; issue of amount of award reversed and remanded to trial court for further proceedings

0559071 Spousal Support - William F. Harber v. Charlene M. Harber 01/15/2008
Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee's expenses for her two adult children who live with her

0170073 Alimony/Spousal Support - Dudley A. Cash v. Barbara Clark, F/K/A Barbara C. Cash 11/13/2007
Summarily affirmance - trial court did not err in its modification of the amount of spousal support owed to appellee; part of appeal dismissed for failure to comply with Rule 5A:20(e)

3066062 Spousal Support - Annette Morgan, F/K/A Annette M Watkins v. David B. Watkins 11/13/2007
Trial court did not err in finding that an award of spousal support to appellant was not warranted and denying her request for spousal support

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.

0442073 Divorce Spousal Support - David G. Batten v. Joan M. Batten 09/04/2007
Summary affirmance - No error in trial court's denial of appellant's request for permanent spousal support and attorney's fees in this divorce action - disparity of income

2512064 Spousal Support - Jon Thomas Dega v. Debra Ann Vitus 08/14/2007
Trial court did not err in awarding spousal support to appellee retroactive to the date of the filing of the bill of complaint and in accepting appellee's testimony to determine appellant's income; trial court erred in failing to consider the mortgage expenses paid on the rental property from the rental proceeds when considering appellant's income from the beach house

2661063 Spousal Support - Lucian Dabney Robinson v. Susan Beller Robinson 08/07/2007
As the issue of spousal support was contested, the trial court erred in failing to provide written findings under Code Section 20-107.1; issue of spousal support is reversed and remanded to trial court

2821064 Spousal Support - Carol Bogossian Berryhill v. Jeffrey Scott Berryhill 07/31/2007
Trial court failed to make written findings to explain its award of spousal support as required under Code Section 20-107.1(F); that part of order reversed and matter remanded to trial court for further proceedings

1375064 Spousal Support - Howard A. Grad v. Judith A. Stone, f/k/a Judith A. Grad 07/17/2007
Trial court did not err in its spousal support award to appellee; trial court did not violate the law of the case doctrine

2445061 Alimony/Spousal Support - Timothy G. Brooker v. Judi E. Brooker 07/10/2007
Summary affirmance - trial court did not err in admitting evidence of an alleged affair and considering it when making the equitable distribution and spousal support awards; trial court did not abuse its discretion in its equitable distribution award or in its spousal support award; trial court did not err by awarding wife attorney's fees; judgment affirmed and case remanded

2723064 Spousal Support - Virginia P. Bolton v. David M. Bolton 07/03/2007
Trial court erred in failing to make the written findings required to support its denial of spousal support; trial court's denial of spousal support is reversed and this matter is remanded

2862064 Alimony/Spousal Support - Starke Jett, IV v. Margaret Boschen Jett 07/03/2007
Trial court had subject matter jurisdiction to award spousal support; trial court did not err in ruling that appellant was not entitled to seek a reduction or termination of spousal support due under the property settlement agreement; judgment affirmed

2731062 Spousal Support - Kathleen K. Tuck v. Lenard W. Tuck 06/26/2007
Trial court did not err in imputing income to appellant and reducing spousal support; as appellant presented no authority in her brief for the remaining issues, appellant has waived argument on appeal on those issues; judgment affirmed and case remanded

2624063 Spousal Support/Alimony - Anna T. Furr v. Joseph E. Furr 05/15/2007
Trial court erred in reducing, and then terminating, spousal support where record fails to show appellee proved a material change in circumstances

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

1260064 Spousal Support & Marital Property Division - Nigisti W. Tesfay v. Abraham S. Tesfay 03/27/2007
Trial court did not err in tracing $28,000 as a separate property contribution by appellee towards the purchase of a marital home, in setting the amount and duration of spousal support, and in not ordering a sharing of unreimbursed child medical expenses

1008064 Spousal Support - David Paul Cote v. Susan Redfield Cote 03/13/2007
Trial court did not err in finding husband responsible for $100,000 in debt incurred prior to the parties' final separation, in awarding husband only forty percent of wife's retirement account, and in awarding wife spousal support

2382064 Alimony/Spousal Support - Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir 03/13/2007
Summary affirmance - trial court did not err in imputing income to appellant for purposes of determining spousal support and in denying appellant's request for spousal support; remaining issue is barred by Rule 5A:18

052629 Spousal Support - Harrell v. Harrell 11/03/2006 (Supreme Court of Virginia)
In this appeal, the Supreme Court of Virginia held that the trial court erred in granting a reservation of spousal support to a party who had no valid pleading requesting it.

2333051 Spousal Support & Property Division - Debra Diane Scranton Robbins v. Joseph Allen Robbins 08/01/2006
Error in trial court's equitable distribution award and spousal support award; judgment is affirmed in part, reversed in part, and remanded to the trial court

A Richmond, Virginia, family law firm since 1961

Jennings and Jennings
Virginia Spousal Support/Alimony Attorneys

10138 Hull Street Road
Midlothian, VA 23112
Office: 804-335-0893
Toll Free: 866-655-3982
Fax: 804-276-8013
E-Mail

Experienced Richmond spousal support/alimony lawyers serving the State of Virginia, including the Richmond area, Chesterfield County, Henrico County, Goochland County, Hanover County, Amelia County, Dinwiddie County, Powhatan County and the communities of Midlothian, Chesterfield, Colonial Heights, Hopewell, Glen Allen, Ashland, Goochland, Hanover, Dinwiddie, Powhatan, Petersburg, New Kent, Oilville and Charles City.



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