James L. Robertson v. Katisha L. Robertson
0017172
Va. Ct. App.Nov 7, 2017Background
- James L. Robertson (husband) and Katisha L. Robertson (wife) married in 1997, had three children, separated in 2014; husband was long‑service U.S. Army soldier receiving a military pension and disability/CRDP benefits.
- Wife prevailed below; husband proceeded largely pro se, was sanctioned for discovery violations and precluded from offering some evidence except via his own testimony.
- Two evidentiary hearings were held (June 14, 2016 and October 28, 2016). Wife introduced evidence of a Fidelity IRA, three Liberty whole‑life policies for the children, household furnishings, children’s Social Security benefits tied to husband’s disability, and her attorney’s fees.
- Trial court entered a December 7, 2016 order: divided the Fidelity IRA (valued at $16,560) 50/50, awarded 50% of life‑insurance cash value ($75,000 total) to wife, valued furnishings at $17,500 and awarded wife $8,750, awarded wife one‑half of the marital share of husband’s military pension, and ordered spousal support $1,594/mo and child support $884/mo.
- Husband appealed multiple assignments of error (valuation/distribution, spousal support, child support, alleged premature ruling, denial of motion to vacate, and attorney’s fees); appellate court affirmed in part, reversed in part, and remanded.
Issues
| Issue | Husband's Argument | Wife's Argument | Held |
|---|---|---|---|
| Valuation and 50/50 distribution of Fidelity IRA | Trial court misvalued the IRA at $16,560 (should have used account balance ≈ $805–$880) and erred in awarding wife half | Court relied on submitted account statement and interrogatory answers (wife prevailed below) | Reversed and remanded: trial court’s valuation was plainly wrong; IRA must be revalued and redistributed consistent with hearing‑date value |
| Valuation and 50% award of Liberty life policies | Wife failed to prove $75,000 cash value; award was speculative | Wife produced interrogatory admissions listing three $25,000 whole‑life policies and husband didn’t present contrary evidence | Affirmed: record contained credible evidence for $75,000 valuation and 50% award |
| Spousal support ($1,594/mo) | Court erred by using husband’s full pre‑distribution pension/CRDP income ($6,377) when it also awarded wife half the marital share of the pension; failed to account for equitable distribution when computing incomes | Wife (prevailing party) relied on court’s findings; husband’s income used as stated | Reversed and remanded: court must recalculate spousal support after accounting for effect of the equitable distribution of the military pension on parties’ incomes |
| Child support ($884/mo) and credits for Social Security benefits | Court used $6,377 monthly income and failed to credit children’s Social Security benefits derived from husband’s disability; did not use or explain guideline worksheet or deviations | Wife relied on court’s prior income finding and award below | Reversed and remanded: child support must be recalculated after spousal support is redetermined and after giving husband credit for Social Security benefits paid to the children; court must follow guideline/calculation and make required findings |
Key Cases Cited
- Chretien v. Chretien, 53 Va. App. 200 (appellate standard to view evidence in light most favorable to prevailing party) (establishes appellate evidence view)
- Lawlor v. Commonwealth, 285 Va. 187 (discretionary rulings reversed only for abuse of discretion) (standard for reviewing discretionary decisions)
- Patel v. Patel, 61 Va. App. 714 (value of property is factual finding and will not be disturbed unless plainly wrong) (property valuation standard)
- Sawyer v. Sawyer, 1 Va. App. 75 (military pensions are marital property subject to equitable distribution) (treatment of military pensions)
- Rowe v. Rowe, 24 Va. App. 123 (trial court must consider statutory factors in spousal support; failure reversible) (requirement to consider equitable distribution when setting support)
- Whitaker v. Colbert, 18 Va. App. 202 (credit for Social Security benefits to children derived from parent’s disability) (crediting SS benefits against child support)