Spousal Support Virginia Laws Fairfax Attorney Code 20-107.1Updated on: 6:12 pm
Spousal Support Virginia Laws Fairfax Attorney Code 20-107.1
Kim v. Kim
Appellant wife sought review of the order of the Court of Appeals of Virginia, which awarded restitution to appellee husband for spousal support that was paid pursuant to a court order that was subsequently reversed on appeal.
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The Virginia Court made the following holding:
- Va. Code Ann. § 20-107.1 provides that upon decreeing the dissolution of a marriage, and also upon decreeing a divorce, whether from the bond of matrimony or from bed and board, and upon decreeing that neither party is entitled to a divorce, the court may make such further decrees as it shall deem expedient concerning the maintenance and support of the spouses. But this does not constitute an open-ended grant of authority to the divorce court. The authority granted by § 20-107.1 relates to orders entered at the time divorce is awarded or denied and is limited to matters of “maintenance and support.”
- Incident to the authority granted by Va. Code Ann. § 20-96 to award a divorcedecree, a circuit court is empowered to enter a final order of spousal support. Va. Code Ann. § 20-107.1. The divorce court is given substantial, although not unlimited, discretion to award spousal support and to determine the amount to be paid. Spousal support is based in part on the need of the dependent spouse and since 1982 may be awarded, even where the payor spouse was awarded the divorce on a fault ground, if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice. § 20-107.1.
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Article written by A Sris
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