Tuesday, April 22, 2014
Divorce Attorneys Fairfax Virginia Custody Alimony Child Support
If you are dealing with a divorce in Virginia or
about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax
Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a
lawyer today about your Divorce Case. An
attorney from our firm will do his best to help you.
We will do our absolute best to help you get the
best result possible based on the facts of your case. Our law firm has the necessary experience to
assist you with this matter.
Brown v. Brown
Facts:
The wife filed a bill for a divorce a mensa et thoro on
the ground of cruelty. She sought custody of the parties' child, alimony, and
child support in Fairfax. On the wife's motion for temporary alimony, child
support, fees, and costs, the trial court ordered the husband to pay only for
child support, counsel fees, and costs. The husband failed to comply with the
order, was cited for contempt, and the questions of child support and custody
were referred to a juvenile and domestic relations court. Thereafter, the wife
filed a supplemental bill charging adultery and was granted an absolute
divorce. The husband was ordered to pay a counsel fee, but no reference was
made to alimony. The court held that: (1) under former Va. Code Ann. § 5111
(1911), the "afterwards" jurisdiction of the trial court extended
only to child support and custody; (2) absent a statute conferring the power,
and of any reservation of the power in the decree, the trial court had no power
to modify the final decree of divorce by ordering the payment of alimony; and
(3) under Va. Code Ann. § 20-109, the reopening of the prior decree for the
granting of alimony when none was granted by that decree was not allowed.
If you are facing a Divorce case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- In the absence of a
statute conferring the power, and of any reservation of the power in a
decree, a court of equity has no power to modify a final decree awarding a
divorce from the bonds of matrimony and decreeing alimony to be paid in
monthly installments. An adjudication by a court having jurisdiction of
the subject-matter and of the parties is final and conclusive not only as
to the matters actually determined, but as to every other matter which the
parties ought to have litigated as incident thereto and coming within the
legitimate purview of the subject-matter of the action. However, in the
absence of statute a court of equity has power by a proper reservation to
change or modify its decree as to alimony, on the ground that when power
is reserved over a decree for alimony, to that extent, but to that extent
only, the decree fixing the amount is not final. Such a reservation itself
shows that the court of equity has not completely and finally exhausted
its jurisdiction over that subject. But if there is no such statute, and
no reservation in the decree, then the matter is res judicata, and the
decree cannot be disturbed. Finally, the reservation of jurisdiction to
change such a decree must be clear and specific.
If
you are dealing with a divorce in Virginia or about to go through a divorce in
Virginia, contact us for help.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law firm today to
speak with a lawyer today about your Divorce Case. An attorney from our firm will do his best to
help you.
We will do our absolute best
to help you get the best result possible based on the facts of your case. Our
law firm has the necessary experience to assist you with this matter.
Disclaimer:
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