RUTLEDGE v. RUTLEDGE

Record No. 0777-04-4.

608 S.E.2d 504 (2005)

45 Va. App. 56

Kathleen D. RUTLEDGE v. Ronald L. RUTLEDGE.

Court of Appeals of Virginia, Alexandria.

February 1, 2005.


Attorney(s) appearing for the Case

Jennifer E. Mandell (Richard L. Downey; Richard L. Downey & Associates, Fairfax, on briefs), for appellant.

Michael Kevin Murphy (Law Offices of Michael Kevin Murphy & Associates, on brief), for appellee.

Present: BENTON, BUMGARDNER and KELSEY, JJ.


BENTON, Judge.

Kathleen D. Rutledge contends the trial judge erred in ruling that her marital property settlement agreement prohibited the trial judge from exercising discretionary authority to award attorney's fees to her in a post divorce proceeding to modify spousal support. We hold that because the agreement expressly provides for attorney's fees in some instances but does not do so for modification proceedings, the trial judge did not err.

I.

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