Reid v. Reid

ON REHEARING EN BANC

Opinion

BENTON, J.

In this domestic relations appeal, the Court granted a rehearing en banc to consider whether Robert Reid may seek restitution of money paid as spousal support to his former wife under a decree that was reversed and set aside on direct ap*507peal. A panel of this Court, with a dissent, held that restitution could not be had for spousal payments improperly ordered. See Reid v. Reid, 12 Va. App. 1218, 409 S.E.2d 155 (1991). For the reasons that follow, we conclude that the doctrine of restitution may be invoked, and we remand to the trial judge for a…