Charlottesville Divorce Lawyer Rob Hagy

Spousal Support and Adultery

If you are a spouse and have engaged in adultery and need spousal support, you may be barred from receiving that support.  According to Virginia Code Section 20-107.1(B), a spouse who engages in adultery is not entitled to receive spousal support, generally speaking.  There is an exception to this rule.  A court may award spousal support despite adultery if the court hearing the request for support determines "from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties."  Manifest injustice may exist where there is a significant difference in the parties' economic circumstances (such as a stay at home mom versus a husband who brings home a six digit annual salary) or where one party is significantly more at fault for the dissolution of the marriage.

Gay Father Receives Joint Legal Custody and Visitation; Children's Exposure to Partner Limited

In the case of A.O.V. v. J.R.V., the Virginia Court of Appeals, in an unpublished opinion, held that the trial court properly awarded joint custody of the parties' three minor children to both the gay father and mother.  Father was fit to have visitation and the court granted the visitation, but with restrictions and the restrictions were proper.  While the court did not bar the father's gay companion from the children's presence, the court could prohibit the father from having his gay companion stay overnight when the children visited and could prohibit the two from engaging in displays of affection in the children's presence.

Over Emphasizing Sports Costs Father Additional Visitation

In the case of Duda v. Hunt, the Virginia Court of Appeals, in an unpublished opinion, denied a Father his request for increased visitation where the Father wanted more visitation to maximixe his eight and ten year old sons' participation in four sports (football, baseball, basketball, and soccer).

No Virginia Supreme Court Family Law Decisions

Issued on January 12, 2007.

Insufficient Evidence of Debt Provided

In the case of Harrison v. Allegretto, the Virginia Court of Appeals (in an unpublished opinion) held that the trial court did not err when it failed to apportion martial debt paid by the appellant after the parties separation when making the equitable distribution award.  The Husband, who was seeking to apportion the debt to Wife, presented no documentation addressing the basis for the debts he paid or substantiating his claim that the debts were marital.   He just put into evidence copies of cover letters written by him to various creditors and copies of cancelled checks made payable to the creditors. He provided no account statements from the creditors or receipts for purchases. In addition, he did not testify at the commissioner’s hearing concerning the purposes for the charges. Rather, he conclusively testified that as to the amount of marital debt after the parties separated. Furthermore, evidence was introduced that both parties had numerous credit card accounts and they transferred balances from old accounts to new accounts. Therefore, the commissioner was unable to determine the source and the nature of the debts and whether they were indeed marital debts.

Marriage Counselor Could Be Forced to Testify for Equitable Distribution and Support Purposes

In the case of Bullano v. Bullano, the Virginia Court of Appeals ruled (in an unpublished opinion) that a marrriage counselor had to testify against a husband in an equitable distribution and support proceeding.  The testimony was admitted because a parties physical and mental condition must be considered by the court in awarding spousal support and determining equitable distribution.

Husband Awarded Divorce on Adultery Grounds Despite Condonation

In the case of Polemeni v. Polemeni, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court correctly granted Husband's request for divorce on the basis of adultery.  When Husband returned from military service, he condoned wife's adultery on the condition that she move to New York and end contact with the paramour.  However, when husband went back on active duty, wife moved back to Virginia.  She said she wasn't sexually active with the paramour when she moved back, but other evidence showed that she called the man her boyfriend, that they talked about marriage, and that the man's car was at her residence late into the night.

Father With Severe Drop In Income Denied Support Reduction

In the case of Mooney v. Monney, the Virginia Court of Appeals, in an unpublished opinion, ruled that a Father, even though he testified that his income had been greatly reduced since the last court order requiring him to pay child and spousal support, was not entitled to reduce his support.  The Father could still start a new family, buy a new house, and purchase a time share in Aruba.  Father didn't help matters by calling his accountant to testify about his financial circumstances.  Father didn't make a complete disclosure of his financial circumstances and those of his business.  The accountant's testimony was based only on what he heard from the Father.  Fifteen thousand ($15,000.00) fees award also proper.  As was the trial court's conclusion that the Father was in contempt for not paying his support where his explanation revolved around only the aforementioned circumstances.