Steven Dennis Byrd v. Diane Revere Byrd
0687132
Va. Ct. App.Jan 14, 2014Background
- Steven Dennis Byrd (husband) appealed a trial court award of $1,500/month spousal support to Diane Revere Byrd (wife) through January 1, 2019.
- At the evidentiary hearing wife appeared pro se and presented virtually no documentary or witness evidence about her finances or needs; husband introduced over 20 exhibits about his finances.
- The trial court found the parties had accumulated substantial marital debt and awarded spousal support, stating it considered the Code § 20-107.1(E) factors but did not quantify weights.
- Wife’s only financial testimony was limited and fragmentary (e.g., she had been laid off in 2011, worked part-time caring for an elderly person); an asserted gross monthly income figure in the record came from her closing remarks and was not supported by testimonial evidence.
- The Court of Appeals reviewed whether the evidence was sufficient to meet the burden on a support claimant to prove financial need and other statutory factors and whether other assignments of error were preserved.
Issues
| Issue | Plaintiff's Argument (Byrd) | Defendant's Argument (Byrd) | Held |
|---|---|---|---|
| Sufficiency of evidence for spousal support under Code § 20-107.1(E) | Wife argued she was entitled to support based on her financial situation and the parties’ debts | Husband argued wife introduced no credible evidence of needs, obligations, or resources and thus could not meet her burden | Reversed: wife failed to meet burden; trial court abused discretion because wife introduced no evidence of need and court relied mainly on husband’s proof |
| Preservation/waiver of property and retirement claims (assignments 5 & 6) | Husband argued trial court erred in distribution of tangible property and retirement interest | Husband failed to cite legal authority or develop appellate argument | Waived: assignments forfeited under Rule 5A:20 for lack of legal argument/authority |
| Appellate attorney’s fees | Husband requested appellate fees | Wife opposed | Denied: appellate court declined to award fees after review; appeal not frivolous |
Key Cases Cited
- Andrews v. Creacey, 56 Va. App. 606 (discussing requirement that trial court consider § 20-107.1(E) factors and state findings)
- Robbins v. Robbins, 48 Va. App. 466 (holding claimant bears burden to prove facts necessary for spousal support, including financial need)
- Pilati v. Pilati, 59 Va. App. 176 (trial judge need not quantify weight given each statutory factor)
- Duva v. Duva, 55 Va. App. 286 (same principle regarding consideration of statutory factors)
- Dukelow v. Dukelow, 2 Va. App. 21 (spousal-support determinations lie within trial court discretion)
- Fadness v. Fadness, 52 Va. App. 833 (appellate briefing rule requires authorities and developed argument; failure can waive issues)
- Jay v. Commonwealth, 275 Va. 510 (failure to comply with appellate rules can forfeit review)
- O’Loughlin v. O’Loughlin, 23 Va. App. 690 (appellate court is appropriate forum to decide appellate fee awards)