Shoosmith v. Scott

In our opinion in this case of September 2, 1976, 217 Va. 290, 227 S.E.2d 729, we affirmed the trial court’s holding that the 1972 amendments to Code §§ 20-109 and 20-109.1 were unconstitutional. On October 18, 1976, we granted a petition for rehearing to the order entered on that opinion and reargument was heard on November 22,1976.

In his petition for rehearing, Shoosmith, for the first time, relied upon Code § 20-110 1 to buttress his argument that the General Assembly had the reserved power to abrogate the otherwise valid support and maintenance provision of the 1959 property settlement…