Published: August 2, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
In mother’s show cause proceeding, the Court of Appeals summarily affirms the trial court’s order requiring father to pay half of two of their son’s student loans; the parties’ property settlement agreement (PSA) incorporated in the divorce decree requires father to pay half of the Sallie Mae obligation which included six loans.
Parents separated after five years of marriage. A May 2010 agreement incorporated in their divorce decree required each to pay half of a Sallie Mae student obligation for their son. In September 2011, mother instituted a show cause proceeding; her evidence showed six student loans originated by Sallie Mae, three serviced by Sallie Mae and three by the Department of Education. The trial court after a hearing on Jan. 30, 2012 ordered father to pay his share or be held in contempt. The trial court did not rule on either father’s motion for clarification filed the same day or objections filed February 13, 2012.
Husband assigns five errors on appeal. We summarily affirm. Four assignments are procedurally defaulted by father’s failure to file timely objections required by Rule 5A:18 when the ruling is made. Father’s objections were not filed until two weeks after the trial court’s order with no hearing request. Father provides no record to support his argument about a June 2011 order having binding effect. We construe the PSA like a contract: its terms specifically state each party will be equally responsible for the entire Sallie Mae school loan less any credits they received. Wife’s testimony and documentary evidence support including the loans serviced by the Department of Education. Husband in 2011 paid half the total for all six loans. The PSA reference to the Sallie Mae loan included all six loans. Because the PSA prohibits either party from paying the other attorney’s fees, we deny mother’s request for appellate attorney’s fees.
Wallace v. Wallace (per curiam) No. 0351-12-2, July 31, 2012; Hanover Cir.Ct. (Harris) Michael C. Wallace Sr. pro se for appellant; Angela Morehouse for appellee. VLW 012-7-228(UP), 6 pp.
Interesting article.
Tucker Griffin Barnes P.C.
Charlottesville, VA (434-973-7474)
Inquire@TGBLaw.com
www.TGBLaw.com
No comments:
Post a Comment