Friday, April 4, 2014
Divorce Attorneys Loudoun Virginia Spousal 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.
Dew v. Dew
Facts:
Appellant husband sought review of a judgment of the
Circuit Court of Loudoun (Virginia), which granted a monetary award, attorney's
fees, and costs to appellee wife in the parties divorce action. The trial court
also denied the husband's motion for restitution for the amount he had
previously paid to the wife for spousal support pursuant to the trial court's
prior monetary award, which had been set aside on appeal.
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:
- The power of a court to
repair the injury occasioned by its own wrongful adjudication, is not
derived from a mandate of the appellate forum, made upon rendering the
judgment or decree of reversal, but is substantially the same which it
exercises when its own process has been abused, or used without authority,
by its suitors or ministerial officers. And so it may award a writ of
restitution where its process has been misapplied by its own authority
erroneously exercised, as is made manifest by a reversal of the judgment
or decree on which it issued, whether accomplished by its own
jurisdiction, or that of a higher appellate tribunal. That the mandate for
restitution is merely declaratory or directory, rather than statutorily
imposed, is obvious from the consideration, that it is never refused upon
a reversal on the merits, unless for the want of sufficient evidence to
show that the erroneous judgment or decree has been actually enforced; and
then the refusal is never entered on the record, but the whole matter
silently referred to the cognizance of the court below.
- The trial judge's
authority to make an award of support and maintenance is statutory.
Moreover, the decision whether to make an award is specifically prescribed
as follows: No permanent maintenance and support shall be awarded from a
spouse if there exists in such spouse's favor a ground of divorce for
adultery, sodomy, or buggery committed outside the marriage. However, the
court may make such an award notwithstanding the existence of such ground
if the court 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.
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:
