Choi v. Choi

• Court: Virginia Court of Appeals
• Writing for the Court: RANDOLPH A. BEALES JUDGE
• Docket Number: 0385-24-4
• Decision Date: 20 January 2026
• Citation: Choi v. Choi, 0385-24-4 (Va. App. Jan 20, 2026)
• Parties: MAENG JONG CHOI v. YOUNG AE CHOI

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MAENG JONG CHOI v. YOUNG AE CHOI

No. 0385-24-4

Court of Appeals of Virginia

January 20, 2026

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Tania M.L. Saylor, Judge

Minji Kim (Prosper Law PLLC, on briefs), for appellant.

Joseph T. Patton (DiPietro Law Group, PLLC, on brief), for appellee.

Present: Judges Beales, Causey and White Argued at Alexandria, Virginia

MEMORANDUM OPINION ^[*]

RANDOLPH A. BEALES JUDGE

The Circuit Court of Fairfax County entered a final order of divorce granting Young Ae Choi ("wife") a divorce a vinculo matrimonii from Maeng Jong Choi ("husband") on the grounds of separation for one year as required by Code § 20-91(A)(9)(a). On appeal husband argues that the circuit court erred in its pendente lite order and its award of sanctions and attorney fees. Husband also contests the circuit court's findings on the grounds for divorce, equitable distribution, and spousal support.

BACKGROUND

"When reviewing a [circuit] court's decision on appeal, we view the evidence in the light most favorable to the prevailing party, granting it the benefit of any reasonable inferences." Ugarte v. Ugarte, 84 Va.App. 50 57 (2025) (alteration in original) (quoting Wolfe v. Shulan Jiang, 83 Va.App. 107, 111 (2025)). In this case, wife was the prevailing party before the circuit court.

Husband and wife married on June 7, 2005, and two children were born of the marriage. The parties separated on July 28, 2021. Approximately six months later, wife filed a complaint for divorce in the circuit court alleging desertion and cruelty. Wife moved for pendente lite relief including spousal and child support, exclusive use of the marital residence, legal and physical custody of the minor children, and attorney fees. Husband counterclaimed for divorce, also alleging grounds of desertion and mental cruelty, or, alternatively, because the parties lived separate and apart for at least one year.

At the time of separation, wife worked in three part-time jobs as an esthetician, including at Amenity Day Spa. She also attended school to become an acupuncturist. Husband worked as a driver for Uber and Lyft. He also earned income as a personal care aide for his mother from Eden Home Care.

I. Pendente Lite Support

Husband requested that the circuit court grant the parties one-and-a-half to two hours for the pendente lite hearing because the parties needed the assistance of an interpreter. The circuit court denied the request, and allotted 30 minutes for the hearing "per local procedure." During the hearing, both wife and husband used the services of an interpreter; the hearing lasted 52 minutes.

Wife requested $6,329 pendente lite, including $4,604 for spousal support, and $1,725 for child support. The parties each submitted a monthly income and expense report. Wife's report claimed a total monthly gross income of $687 and total monthly expenses of $7,118. Husband's report claimed a total monthly gross income of $10,606 and total monthly expenses of $14,087, which included $2,650 in rent. Husband claimed $3,985 in business expenses, which included $1,000 in vehicle depreciation, $1,000 for a car loan, $900 in vehicle maintenance, and $1,600 in gasoline. Husband stated that he was self-employed by his company MJC Transportation, under which he drove for Uber and Lyft.

Wife also submitted her and husband's 2021 tax documents. Wife entered three W-2s from her part-time jobs, totaling a gross annual income of $8,244.78. Wife submitted husband's 1099-K forms from 2021 for his work with Uber and Lyft, which showed gross annual incomes of $164,155.38 and $13,161.90, respectively. Husband's 2021 W-2 from Eden Home Care showed income of $56,252.65.

Wife reviewed her bank statements from September to November 2021 during the hearing. In addition to her salary deposits, wife acknowledged deposits from Coinbase. Wife testified that her Coinbase account contained money that she received from husband's grandmother. Wife also received a deposit from Virginia University of Integrative Medicine, stating it was an educational grant for her living expenses and tuition.

Husband acknowledged his gross annual income for 2021 was approximately $233,000, but husband also submitted six months of bank statements, from September 16, 2021 through February 16, 2022, which showed an average monthly income of approximately $10,000. Although he listed $2,650 a month for rent on the income and expense report, he testified that this amount included the $2,100 he paid for wife's rent. He lived with his mother, and paid her $500 in rent.

At the close of the hearing, the circuit court stated that it would "rely on the tax figures as set forth in 2021," and concluded that wife's gross monthly income was $687, husband's was $19,464 a month. The circuit court awarded wife $4,988 in pendente lite spousal support and $1,680 in pendente lite child support, for a total of $6,668.

On March 14, 2022, husband moved for reconsideration, arguing that his income was calculated at 28% rather than the 26% required by Code § 16.1-278.17:1(C). On April 21, 2022, the circuit court entered a pendente lite order nunc pro tunc, correcting the calculations. The circuit court's corrected order granted wife spousal and child support, commencing January 26, 2022, in the amount of $4,604 and $1,725 respectively-for a total of $6,329. The court also calculated arrears in the amount of $12,648 for the period of January 26, 2022 to March 11, 2022. The circuit court reserved the issue of attorney fees for the equitable distribution hearing.^[1]

Husband filed a supplemental motion for reconsideration. The next day, husband also moved to set aside the pendente lite order based on newly discovered evidence and fraud upon the court. Husband sought to offer wife's W-2 from another employer that showed a gross salary of $8,664.05, and that her yearly salary for 2021 was $19,573. In a letter to husband's counsel, wife's counsel responded that she did not have that W-2 at the time of the hearing.

While several of his motions were pending, husband also appealed the pendente lite order to this Court.^[2] After noting his appeal, husband continued to file motions in the circuit court. Wife moved the circuit court to issue a rule to show cause for husband's failure to comply with the pendente lite order. Husband also moved to recuse the circuit court, and to stay the pendente lite order pending appeal. In this motion, husband questioned the circuit court judge's impartiality, and argued that the judge's alleged bias negatively impacted the outcome of this case. After hearing arguments regarding jurisdiction, the circuit court declined to act on husband's motions until this Court ruled on husband's appeal of the pendente lite motion.

While husband's appeal was pending before this Court, he moved for sanctions against wife, arguing that she had committed perjury and significantly misrepresented the parties' income. Husband also filed motions for contempt and criminal referral raising the same arguments. After considering the parties' arguments, the circuit court denied husband's motion for sanctions. The circuit court again held that it did not have jurisdiction to issue a ruling, because husband's appeal of the pendente lite order was pending in this Court. The circuit court found that husband's motion sought reconsideration of the underlying pendente lite order.

Wife also moved for sanctions. Citing Code § 8.01-271.1, wife argued that husband's pleadings were not well grounded in law or fact, and sought to achieve an improper purpose of relitigating the pendente lite order. The parties presented arguments on the motion at the start of the divorce trial, and the circuit court took it under advisement.

II. The Divorce Trial

Before the hearing on the grounds of divorce, the parties stipulated to the balances of their bank accounts and credit cards as of the date of separation. The parties' joint Bank of America account ending in x3084 had $6,906.45 as of the date of separation (July 28, 2021)- and only $129.43 on September 21, 2023. The parties also had life insurance policies on behalf of their children valued at $131,821 and $91,738 respectively. The parties agreed that they would keep their respective vehicles. Both husband and wife agreed to the 2021 income and the 2022 income for each party as shown on their respective tax documents. The parties also agreed that husband paid a total of $20,777 in support payments for wife for the period April 1, 2022 to October 31, 2023.

Husband's gross annual income was $233,569.93 in 2021, and $170,050.62 in 2022. Husband's Pentagon Federal Credit Union (Penfed) Checking Account had a balance of $4,487.74 at separation, and $1,651.97 on October 5, 2023. Husband also had a Coinbase^[3]Account, which had a balance of zero when the parties separated, and $318.07 on September 10, 2023. Husband had one credit card that had a balance of $3,629.58 at separation and $9,732.21 on September 15, 2023. In July 2020, husband received a "Disaster Covid-19 Economic Injury" loan in the amount of $13,400 from the U.S. Small Business Administration (SBA loan). Husband made monthly payments of $100 towards the SBA loan; in September 2023, the balance of the SBA loan was $13,326.26. Husband had a life insurance policy with Primerica worth $540,000.

Wife's gross annual income was $16,908.83 in 2021, and $15,476.61 in 2022. Wife had a Bank of America checking account with a balance of $6,353.18 at separation, and $1,348.82 on August 11, 2023. Wife's Robinhood^[4] account had $36,092.41 at separation, and $12,857.42 on July 31, 2023. Wife also had a Coinbase account with $804.16 at separation, and $5,973 on October 9, 2023. Wife had three credit cards with a balance...