Charlottesville Divorce Lawyer Rob Hagy

Wife Not Entitled To Attorneys Fees In Spousal Support Modification Case.

In the case of Manson v. Manson, the Virginia Court of Appeals, in an unpublished opinion, ruled that a wife in a spousal support modification proceeding was not entitled to attorneys fees and upheld the decision of the trial court which denied her an award of attorneys fees.  The parties had a separation agreement which provided for an award of attorneys fees in two limited situations and it did not include language permiting an award of attorneys fees in case the husband moved to modify the amount of spousal support he was paying the wife. When a contract is clear and unambiguous, it is the court’s duty to interpret the contract, as written.

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with your spousal support issues, please contact me at (434)293-4562 or email me at rob@robhagylaw.com.  

Print Outs of Cell Phone Text Messages Admissible As Evidence.

In re Paternity of B.B., the Indiana Court of Appeals ruled that printouts of cellular telephone text messages from father to mother were properly authenticated.  The father identified the telephone numbers associated with the messages as his own numbers and that he remembered sending some fo the messages or portion of the messages and then the mother testified how she obtained the print out: by using a cord, opening a file containing the messages, and printing the file.

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with questions about evidence in divorce cases or to schedule an initial consultaton, please call (434)293-4562 or email me at rob@robhagylaw.com.  For more information, visit my facebook page: Charlottesville Divorce Lawyer.

 

Court Should Not Have Reopened Case To Equitably Divide Account Receivable Of Real Estate Holding Company.

In the case of Cabral v. Cabral, the Virginia Court of Appeals, in a published opinion, ruled that the trial court committed an error by reopening a case and equitably dividing a $1.85 million dollar account receivable of a real estate holding company in which husband held a 50% interest.  Even though the parties entered a "Final and Permenant Separation, Custody, Support and Property Settlement Agreement" which contained the following language "[t]he parties acknowledge that all assets have been disclosed and they are referred to in this Agreement. Any undisclosed or omitted assets shall be subject to an equitable distribution hearing and this matter may be reopened as to such property", the trial court should not have reopened the case and equitably distributed the account receivable even though it was never disclosed because the account receivable was an asset owned by the real estate holding company and not directly by the husband.  Property which is owned by third parties it not marital property subject to equitable distribution.

-Rob Hagy, Charlottesville Divorce Lawyer.  For help with issues like that faced by the parties in this case or for help with other divorce related issues, please contact me at (434)293-4562 or email me at rob@robhagylaw.com.  For more information, visit us on facebook at Charlottesville Divorce Lawyer.