183 S.E.2d 135 (Va. 1971), Losyk v. Losyk

Citation:183 S.E.2d 135, 212 Va. 220
Opinion Judge:[10] Cochran
Party Name:George LOSYK v. Margaret Emma LOSYK.
Attorney:[7] Richard R. Nageotte, for appellant.
Case Date:September 01, 1971
Court:Supreme Court of Virginia
 
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Page 135

183 S.E.2d 135 (Va. 1971)

212 Va. 220

George LOSYK

v.

Margaret Emma LOSYK.

Supreme Court of Virginia.

September 1, 1971.

Page 136

        Richard R. Nageotte, Woodbridge, for appellant.

        Quinlan H. Hancock, Alexandria, for appellee.

        Before SNEAD, C.J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

        COCHRAN, Justice.

        The question presented by this appeal is whether the court had authority to modify, by subsequent order, the alimony provision of the final decree which terminated the marriage between Margaret Emma Losyk and George Losyk.

        By decree entered November 26, 1968, after extended and bitter litigation, Mrs. Losyk was granted a divorce from the bond matrimony from her husband on the grounds of desertion and cruelty. Permanent custody of their infant daughter, born May 21, 1967, was [212 Va. 221] awarded to the mother with certain 'temporary custody' and visitation rights reserved to the father. The alimony and child support provisions of the decree were set forth as follows:

'* * * and it is further

ADJUDGED, ORDERED and DECREED that the Defendant shall pay to the Complainant for her own support and maintenance the sum of $100.00 per month, beginning on the 3rd day of November, 1968, and continuing $100.00 on the 3rd day of each and every month thereafter until October 3, 1969, at which time this temporary alimony payment shall be terminated; Defendant shall also pay to the Complainant for the maintenance and support of the said minor child the sum of $200.00 per month, beginning on the 3rd day of November, 1968, and continuing, $200.00 on the 3rd day of each and every month thereafter, until said child is legally emancipated, or until further order of this or another Court of competent jurisdiction, whichever shall first occur. * * *'

        Payments were made by Losyk in compliance with the terms of the decree. On October 3, 1969, Mrs. Losyk, by new counsel, filed a petition asking that a 'final determination of alimony' be made and that an increase in child support payments be ordered. Losyk filed a demurrer and motion to dismiss on the ground that the court had no jurisdiction to modify the alimony provision of the final decree. He also filed a petition asking that child support payments be reduced and that his visitation rights be enlarged.

        The demurrer and motion to dismiss were overruled, and a hearing was held on...

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