Virginia Takes Modifying Spousal Support Seriously: LaBrie v. LaBrie

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Modifying Spousal Support: The Challenge

It is not easy to modify an order requiring you to pay spousal support or alimony. Typically, in order to modify or terminate a spousal support order, you and your ex-spouse must either:

  • Agree to modification/termination
  • Your ex-spouse must have remarried or lived with another as if they were married for a year or more
  • You must be able to demonstrate that a “material change” in circumstances has occurred and modification/termination is required

Attempting to prove a material change in circumstances can be an uphill battle. Courts take the inquiry very seriously and do not tolerate deception or false representations of the evidence. The serious nature of this inquiry is best illustrated in the case of LaBrie v. LaBrie.

The LaBrie Case: An Example of a Failed Modification Request

In LaBrie, a former husband sought to reduce or terminate his spousal support obligation. According to the court’s original order, the ex-husband was required to pay his ex-wife $4,350 per month in alimony. The former husband argued that a material change in circumstances required a hefty reduction in the amount of monthly payments or termination of the payments altogether.

The Argument for Modification

At first, it appeared the ex-husband had a significant argument for modifying the alimony obligation – he claimed he had become disabled and lost his job.

The Role of Evidence in Court

However, due to the skilled work of the ex-wife’s attorney, including her introduction of a videotape showing the ex-husband physically fit and in relatively good shape, the trial court had no trouble denying the ex-husband’s petition for modification. The trial court’s decision was also affirmed on appeal. Guided by compelling arguments from the ex-wife’s attorney, the appellate court methodically shut down each of the ex-husband’s claims.

Courtroom Exchange Highlights

An example of the trial court exchange follows below:

Former Husband: “I was laid-off from my job.”
Court: “You’ve only looked for two jobs in the past two plus years.”

Former Husband: “I am disabled.”
Court: “We have video evidence showing otherwise.”

Former Husband: “My doctor says I am disabled.”
Court: “We have video evidence showing otherwise.”

Former Husband: “The Social Security Administration says I am disabled.”
Court: “We don’t care. Also, we have video evidence showing otherwise.”

Former Husband: “It hurts for me to work.”
Court: “It always hurts for you to work.”

Former Husband: “I don’t have the money to pay.”
Court: “You have other assets you can use to pay your spousal support obligation.”

Key Takeaways from the LaBrie Case

It’s clear from the above exchange that courts take the “material change” test seriously, and that judges do not look kindly on attempts to deceive or distort facts when it comes to modifying spousal support.

The Importance of Hiring a Skilled Attorney

The LaBrie case also demonstrates the importance of hiring a skilled family law attorney in your spousal or child support case. Without the wife’s evidence and her lawyer’s litigation tactics, the ex-husband’s false claims may have gone unnoticed, and he could have received a modification or termination of his alimony obligation.

Seeking Legal Help

If you have a spousal support modification or termination issue in Virginia, or any other family law matter, you should speak with an experienced family lawyer as soon as possible. The family lawyers of DiPietro Law Group are experienced with spousal support issues in jurisdictions across Northern Virginia and Washington, DC. Contact us today at (888) 530-4374.

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