Judith A. LaBrie v. David F. LaBrie, 0700172

Parties divorced in 2011; trial court ordered husband to pay $4,350/month spousal support. Husband previously earned ~$170–180k at Altria; position eliminated in 2012 and he received 18 months' severance.
Husband underwent surgeries and began receiving Social Security disability in August 2012.
Husband filed a motion in 2013 to reduce/terminate support; in 2014 the trial court denied it, finding husband voluntarily remained unemployed and disability did not prevent work; this denial was affirmed on appeal.
In 2016 husband filed a second motion to reduce/terminate support, asserting extensive but unsuccessful job-search efforts and diminished earning capacity; wife argued res judicata barred the motion and sought admission of the 2014 hearing transcript.
The 2016 trial court declined to admit the 2014 transcript but found res judicata inapplicable, imputed annual income of $61,500 to husband, reduced support to $2,000/month, and awarded wife $5,000 in fees; the court later denied wife’s motion to add the 2014 transcript to the record (though noted it was unnecessary). Appellate court affirmed.

Issue	LaBrie (wife) Argument	LaBrie (husband) Argument	Held
Admissibility of 2014 transcript at 2016 hearing	Trial court erred refusing the transcript because it was necessary to decide res judicata	Transcript unnecessary; court may rely on prior written order and opinion	Trial court did not abuse discretion; transcript not required because 2014 order/opinion were sufficiently specific
Whether res judicata barred 2016 motion (claim preclusion)	2016 motion seeks same relief and is barred by prior unappealed order	2016 motion relied on new facts (actual unsuccessful job search) so not same claim	Claim preclusion did not apply; 2016 motion based on different material facts
Whether collateral estoppel prevents husband's contrary factual claims about job loss	Husband already litigated that he voluntarily remained unemployed; estoppel should apply	2014 ruling addressed voluntary unemployment then; 2016 raised changed circumstances (failed job search)	Collateral estoppel did not apply; 2016 issue was materially different and actually litigated issue was not identical
Whether husband proved material change in circumstances to warrant modification	Husband's job-search credibility and reasonableness were insufficient; no material change	Husband presented evidence of 70+ job applications, vocational testimony, reduced earning capacity and income sources	Trial court did not abuse discretion; husband established material change and modification was warranted

Bernau v. Nealon, 219 Va. 1039 (1979) (failure to file or offer prior record is fatal to appeal asserting res judicata absent exceptions)
Scales v. Lewis, 261 Va. 379 (2001) (prior proceeding record may be unnecessary where court issues detailed summary or statement of facts)
Commonwealth v. Davis, 290 Va. 362 (2015) (to apply res judicata with a general ruling, reviewing court examines prior pleadings, evidence, charge, and related materials)
Hiner v. Hadeed, 15 Va. App. 575 (1993) (res judicata can bar subsequent support claims despite lack of written findings where no material change alleged)
Davis v. Marshall Homes, Inc., 265 Va. 159 (2003) (elements required to establish res judicata: identity of remedy, cause of action, parties, and quality of persons)
Bates v. Devers, 214 Va. 667 (1974) (collateral estoppel precludes relitigation of issues actually litigated and essential to the prior judgment)