February 2024 Virginia Bar Exam - Questions & Suggested Answers - Updated: March 21, 2024 - 9:50am

Sep 29, 2026

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February 2024 Virginia Bar Exam materials compile questions and suggested answers, updated on March 21, 2024 at 9:50am. The document explains that suggested answers are prepared with input from deans and representatives of Virginia law schools and include references to some case and statutory law. It presents Question 1 on Domestic Relations, addressing spousal support arrearages, requests to increase spousal support, requests to increase child support, and a contempt request, based on the incorporation and later attempted modification of a Property Settlement and Support Agreement into a divorce decree.

LanguageEnglish

CategoryExam

FormatPDF

Pages19

Reading Time48 min

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Question 1 [Domestic Relations]

(a) Arrearages

(b) Increased spousal support

(d) Contempt

Page 1 of 19 February 2024 Virginia Bar Exam Questions & Suggested Answers Updated: March 21, 2024 (9:50am) ✖✖ After each bar exam , the Virginia Board of Bar Examiners invites the Deans [or the Deans’ designees] of all Law Schools located in Virginia, to meet with the Board [remotely] . Representatives from all of the law schools in Virginia collaborate to prepare suggested answers which we think should be acceptable to the Virginia Board of Bar Examiners. These answers also include cites to some of the case and statutory law for reference even though the VBBE may not expect such specificity in applicants’ answers on the exam.✖✖ It should also be noted that while we think the answers that follow should be acceptable for full credit, keep in mind that the VBBE do give credit for good analysis and sometimes will accept for at least partial credit, alternate theories of analysis that are not what they had in mind as the preferred answer. jrz Prepared by the following who collaborated to prepare the suggested answers for the VBBE: J. R. Zepkin, Jennifer Franklin, Aaron-Andrew Bruhl & William H. Shaw, III of William & Mary Law School, Emmeline P. Reeves of University of Richmond Law School, Benjamin V. Madison III & Max Hare of Regent University Law School, Cale Jaffe of University of Virginia Law School, C. Reid Flinn & Leila Lawlor of Washington & Lee Law School, Amanda Compton & Mike Davis of George Mason Law School, Rena Lindevaldsen of Liberty University Law School and Laura Wilson of Appalachian School of Law. The following, provided us great help with suggested answers in his area[s] of specialty: Jeremy W . Hurley of Appalachian School of Law. Question 1 [Domestic Relations] Several years ago, Beverly filed a suit for divorce against her husband, Dean, in the Circuit Court of Hampton, Virginia. A month after the divorce action was filed, and after the Complaint was served on Dean, the parties privately negotiated and signed a Property Settlement and Support Agreement. The Agreement provided for division of the marital property and specified that Dean would thereafter pay Beverly $1,500 per month spousal support. A few months later, the court entered a final decree granting a divorce to Beverly, awarding her custody of their son, Willie, and ordering Dean to pay $1,700 per month child support for Willie. The final decree did not mention spousal support payments to Beverly, but the court approved the Agreement that Beverly and Dean had executed, and expressly ratified, affirmed, and incorporated it into the final decree along with the following statement: the parties shall not have any property rights or duties of spousal support and maintenance, except as provided in the Property Settlement and Support Agreement. No future modifications to said Agreement shall be made without a decree of this Court. During 2022 and 2023, Dean's business encountered tough economic times , and, in early 2023, he proposed to Beverly that she accept $500 a month in spousal support payments rather than the $1,500 specified in the Agreement. Beverly was reluctant and told Dean that he should first obtain the circuit court's approval. Dean said, "there is no sense in paying lawyers to go to court on this." Eventually Beverly agreed, and these reduced payments continued for five months. Beverly soon found herself strapped by the reduced income and asked Dean to restore the original level of support payments. She also asked him to increase the monthly child support payment for Willie. Dean refused both requests. Beverly then filed a motion in the Hampton Circuit Court, asking the court: (i) to order Dean to pay her all of the spousal support arrearages in the difference between the $1,500 specified in the court-approved Agreement and the $500 to which they had later agreed; (ii) to increase her spousal support payments to $2,000 per month (which request she supported with significant evidence of hardship and changed c

FAQs

What is the legal basis for assessing spousal support arrearages in this question?

Arrearages are assessed for court-ordered awards or contractual obligations incorporated into a divorce decree. Because the Property Settlement and Support Agreement (PSA) was duly incorporated and expressly ratified by the court, the payor is liable for unpaid amounts under the original incorporated terms.

On what grounds may the court modify spousal support in this scenario?

Spousal support is awarded under the statutory factors in VA Code § 20-107.1 and may be changed upon a showing of significant hardship and a material change in circumstances. Since the PSA was incorporated into the divorce decree and the court reserved modification rights, the court may modify the award upon petition.

What issues does Beverly raise regarding child support and contempt?

Beverly requests an increase in child support based on changed circumstances, including the need for braces and increased private school costs. She also asks the court to hold Dean in contempt for failing to keep up spousal support payments in accordance with the original agreement.

Sep 29, 2026

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