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SMITH v. SMITH

Record No. 0161-03-1.

589 S.E.2d 439 (2003)

41 Va. App. 742

Sharon A. SMITH v. Harold E. SMITH, Jr.

Court of Appeals of Virginia, Chesapeake.

December 9, 2003.

Attorney(s) appearing for the Case

Barry Randolph Koch (Inman & Strickler, P.L.C., on briefs), Virginia Beach, for appellant.

Megan E. Burns (Stephen G. Test; Williams Mullen, on brief), Virginia Beach, for appellee.

Present: ANNUNZIATA, BUMGARDNER and FRANK, JJ.

RUDOLPH BUMGARDNER, III, Judge.

Harold E. Smith, Jr. petitioned to terminate his support obligation because his former wife was cohabiting with another person. The trial court terminated support because the parties merged their support contract into the final decree. It concluded, "the agreement ceased to exist as a separate contract immune from court interference." The wife contends merger did not nullify the contractual nature of her rights arising from the agreement...

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