In the case of Patterson v. Patterson, the Virginia Court of Appeals, in an unpublished opinion, ruled that a wife was entitled to $2,150.00 per month in spousal support. The parties had been married for twenty-six years and that three children were born of the marriage. Further, the husband was in good physical condition. The wife's physical condition was deteriorating. She had been diagnosed with lymphoma, lupus, and diabetes. During the marriage, both parties worked, although husband was the "primary breadwinner" and wife was the "primary caretaker of the children." Both parties contributed one hundred percent of their activities and energies, both monetary and non-monetary, to the marriage and the well being of their family throughout the majority of their marriage. Wife's physical condition limits her employment skills in the future. Wife showed a need for spousal support and husband has shown an ability to provide it. The trial court properly deemed some of husband's monthly expenses as excessive. The court disregarded the husband's recreation and charitable donations. The court disregarded the money he pays his adult daughter and
the excessive expenses he listed for automobile costs. The court also properly reduced the excessive monthly debt payments the husband claims he makes.
Husband also asserts that the trial court should have considered wife’s earning capacity; however, husband presented no evidence as to what wife may have been
able to earn. To the contrary, the evidence was that wife was on permanent
disability and unable to work.
-Rob Hagy
of Rob Hagy Law, Charlottesville Divorce and Spousal Support
Lawyer. For answers to your questions about
spousal support, please contact me at (434)293-4562 or email me at rob@robhagylaw.com.
the excessive expenses he listed for automobile costs. The court also properly reduced the excessive monthly debt payments the husband claims he makes.
Husband also asserts that the trial court should have considered wife’s earning capacity; however, husband presented no evidence as to what wife may have been
able to earn. To the contrary, the evidence was that wife was on permanent
disability and unable to work.
-Rob Hagy
of Rob Hagy Law, Charlottesville Divorce and Spousal Support
Lawyer. For answers to your questions about
spousal support, please contact me at (434)293-4562 or email me at rob@robhagylaw.com.
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