Reid v. Reid

Koontz, C.J.,

joined by Baker, J., and Elder, J., concurring in part and dissenting in part.

I concur with the majority’s affirmance of the monetary award and attorney’s fees. I respectfully dissent from the remainder of the majority’s decision.

I agree with the majority that, although Dr. Reid filed a “Motion of Equitable Recoupment” in the divorce court, the relief Dr. Reid seeks is in the nature of restitution. This is necessarily so because neither statutory recoupment embodied within Code § 8.01-422 nor common law recoupment is applicable to spousal support awards. Statutory and common law…