Bruce M. Mayer v. Linda Corso-Mayer
62 Va. App. 713
| Va. Ct. App. | 2014Background
- Parties divorced in 2010; mother awarded sole custody of daughter (born 1994). Father ordered to pay $900/month child support per decree, which quoted Code § 20-124.2(C).
- Daughter diagnosed with fibromyalgia and multiple psychiatric disorders (Tourette’s, OCD, mood disorder NOS, ADHD); lives with mother and has limited work history.
- Mother filed a petition for continuing child support under Code § 20-124.2(C) on May 10, 2012 (after daughter turned 18 and obtained a GED). Father moved to dismiss as untimely and argued mother lacked standing.
- Trial court denied dismissal, held an evidentiary hearing, credited medical and lay testimony that daughter’s combined conditions are severe and render her unable to live independently or support herself, and ordered continuing support.
- Trial court also ordered father to pay 75% of mother’s attorneys’ fees and costs; on appeal the court affirmed the continuing-support order but reversed the fee award as unsupported.
Issues
| Issue | Plaintiff's Argument (Mayer) | Defendant's Argument (Mayer) | Held |
|---|---|---|---|
| Subject-matter jurisdiction to consider continuing support | N/A (father argued court lacked jurisdiction) | Trial court lacked jurisdiction because petition filed after daughter turned 18/GED | Court: Jurisdiction exists under Code § 20-124.2(C); appellate review de novo — jurisdiction proper |
| Standing to petition after child turned 18/received GED | Mother had standing to seek support for an adult child with disability | Father: Mother lacked standing because daughter was an emancipated adult when petition filed | Court: Mother had standing; statute expressly covers “child over the age of 18” so filing post-18/GED did not bar petition |
| Sufficiency of evidence for continuing support under Code § 20-124.2(C) (severe, permanent disability; unable to live independently/support self; resides with parent) | Mother: Totality of daughter’s physical and psychiatric conditions render her severely and permanently disabled and unable to live/support herself | Father: Evidence insufficient; expert testified daughter could work with help; college enrollment and some functioning undermine claim | Court: Trial court’s fact findings entitled to deference; record supports that combined conditions are severe and causally prevent independent living/support; continuing support affirmed |
| Award of attorneys’ fees and costs to mother | Mother sought fees as equitable relief and argued father should have settled; trial court ordered 75% of fees | Father: Fee award unreasonable and unsupported; no statutory/contractual basis; mere victory doesn’t mandate fees | Court: Virginia follows American rule; absent statutorily appropriate equitable findings, fee award was unsupported and thus reversed and vacated |
Key Cases Cited
- Germek v. Germek, 34 Va. App. 1 (Va. Ct. App.) (continuing-support elements require causal link between permanent disability and inability to live independently/support oneself)
- Lannon v. Lee Conner Realty Corp., 238 Va. 590 (Va. 1989) (American rule: prevailing litigant ordinarily not entitled to attorney’s fees absent statute or contract)
- Tyszcenko v. Donatelli, 53 Va. App. 209 (Va. Ct. App.) (circuit courts have discretionary authority under Code §§ 20-79 and 20-99 to award fees in divorce-related matters; no prevailing-party entitlement)
- Buckhannon Bd. & Care Home v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598 (U.S. 2001) (reaffirming American rule principle regarding attorney’s fees)
- Chretien v. Chretien, 53 Va. App. 200 (Va. Ct. App.) (appellate standard: view evidence in light most favorable to prevailing party below)