Riggins v. O'Brien
Mar 01, 2002OUTCOME: Contempt finding against Mr. Riggins upheld.
The trial court determined that the provision in the parties' 1991 divorce decree respecting renegotiations of child support was void ab initio. The father contended that, even if the divorce court err ... ed in permitting the parties to renegotiate child support, the provision was not void, but merely voidable. Therefore, he asserted, pursuant to Va. Sup. Ct. R. 1:1, the decree became final and unassailable after the expiration of 21 days from the date of entry. The appellate court found that when the trial court said child support could be renegotiated, it meant that, upon agreement of the parties, a consent decree could be presented to the court for entry or, it would adjudicate the matter and enter an order reflecting its determination. Any renegotiation would be subject to court approval. The 1991 decree was valid, and because the parties did not obtain court approval of their renegotiations, the father was obligated to pay the arrearages and interest as determined by the trial court.
