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Month: January 2022

Failure to Prove a Material Change in Circumstances Defeats Motion to Amend Custody

Hill v. DeMott; Court of Appeals of Virginia, December 7, 2021   The mother appealed from a Circuit Court Order denying her motion to amend child custody.  On appeal, Court views the facts in the light most favorable to the party who prevailed Circuit Court.  In the original divorce, the parties were awarded joint legal custody of their adopted child, who has suffered from various health and behavioral issues. The original trial court noted the health and behavioral issues as well as the fact that the mother did not co-parent with the father well and found that the mother was

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Order Dividing Retirement Benefit Modifiable to Calculate Proper Marital Share

Crawley  v. Crawley, Va. App (2021)   Va. Rule 1:1 provides that “all final judgments, orders, and decrees . . . remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.” However, there is a statutory exception to the rule which grants a trial court continuing authority to make any additional orders necessary to effectuate and enforce any order entered pursuant to the equitable distribution of retirement funds by modifying any order intended to affect or divide any pension or retirement benefits and to

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Pre-filing Conduct Dooms Debtors Post-filing Plans

In re Wetter, 620 B.R. 243 (Bankr. W.D. Va. 2020)(Black, J.) The Debtor filed a Chapter 7 case as he was personally liable on a number of his business debts. The debtor exempted an investment LLC as tenant by the entireties, claiming to own half of the company with his spouse.  The Chapter 7 case was filed on July 31, 2019; the Debtor purportedly made the transfer from his own name to TxE with his spouse on January 1, 2018.   The Trustee was wary of this transfer.  Section 727(a)(2) provides that the Court shall not grant a discharge if

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