John David Clark v. Jennifer Rodgers Clark
1889163
| Va. Ct. App. | Aug 1, 2017Background
- Parties married in 1987, separated in 2013; one child born in 2000. Post-nuptial agreement (May 14, 2016) resolved distribution, child support, and custody but not spousal support.
- Bench trial on spousal support March 14, 2016; trial court issued letter opinion March 28, 2016 awarding appellee $1,700/month until age 66.
- Trial court found appellee currently earning $0 monthly (last W-2 income in 2013 small amounts); appellant’s income found to be $6,250/month.
- Court concluded appellee could obtain employment after additional training/education but lacked present evidence of what job or when; award intended to let appellee live at marriage-standard combined with employment she may find.
- Appellant moved for reconsideration asking explicit language that appellee must seek employment and that unreasonable refusal to work could be a material change; trial court denied motion and entered final decree; appellant appealed.
Issues
| Issue | Clark's Argument | Clark v. Clark (Jennifer's) Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not adding explicit language that appellee remains obligated to seek employment and that refusal to do so could justify modification | Trial court should clarify order to state appellee must earn as much as reasonably possible and refusal may be a material change | Trial court’s order and existing law already allow modification if circumstances change; explicit wording unnecessary | Affirmed: no abuse of discretion; court considered evidence and Code, and modification remedy exists |
Key Cases Cited
- Moreno v. Moreno, 24 Va. App. 190, 480 S.E.2d 792 (Va. Ct. App.) (spousal support reviewed for abuse of discretion)
- Young v. Young, 3 Va. App. 80, 348 S.E.2d 46 (Va. Ct. App.) (support must be based on current or reasonably foreseeable circumstances)
- Groves v. Commonwealth, 50 Va. App. 57, 646 S.E.2d 28 (Va. Ct. App.) (trial court presumed to know and apply law correctly)
- Srinivasan v. Srinivasan, 10 Va. App. 728, 396 S.E.2d 675 (Va. Ct. App.) (spouse cannot take low-paying work to force continued support)