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Menninger v. Menninger

Court of Appeals of Virginia

April 14, 2015

PAUL ANTHONY MENNINGER
v.
JANET MARIE MENNINGER

FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY. Samuel E. Campbell, Judge Designate.

Edwin Gadberry, III (Saunders, Patterson & Mack, on brief), for appellant.

David S. Clements (Gordon, Dodson, Gordon & Rowlett, on brief), for appellee.

Present: Judges Beales, AtLee and Senior Judge Haley. OPINION BY JUDGE JAMES W. HALEY, JR.

OPINION

Page 233

[64 Va.App. 618] JAMES W. HALEY, JR., JUDGE

I.

Paul Anthony Menninger (husband) appeals an order requiring him to pay Janet Marie Menninger (wife) $6,000 for her share of a " distribution" from husband's John Hancock retirement account. Husband argues that the trial court erred by (1) ordering him to pay wife the sum of $6,000 " representing her share of a nonexistent 'distribution' from his retirement account; " (2) disregarding " the plain language of the property settlement agreement" and ordering him to pay an amount not supported by the evidence; and (3) refusing to allow him to testify and present evidence in support of his position. For the reasons stated below, this Court reverses and remands this matter to the trial court.

II.

" When reviewing a trial 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." Congdon v. Congdon, 40 Va.App. 255, 258, 578 S.E.2d 833, 834 (2003) (citations omitted).

The parties married in 1983 and separated in 2011. On May 21, 2013, the parties entered into a property settlement [64 Va.App. 619] agreement (the agreement), which was later incorporated into their final decree of divorce on July 26, 2013.

In June 2014, wife filed a petition to show cause and alleged, in pertinent part, that husband failed to comply with the terms of the agreement and pay wife for her share of his 2012 distribution from his John Hancock retirement account.[1] The agreement included the following provision regarding the John Hancock retirement account:

Page 234

For the past few years, Husband has received annual distributions from the John Hancock Retirement Account/401(K) Plan . .., in amounts between $6,000.00 and $12,000.00. Husband affirmatively states that he is unaware of the amount of the 2012 distribution, but agrees that the distribution, in an ...

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