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Simpkins v. Simpkins

Some evidence showed that the husband's son allocated funds from an account awarded to the wife to pay his own attorneys' fees and his father's living expenses, despite an injunction limiting the parties' right to transfer or dispose of marital assets and the existence of alternative funds.

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Agnes Simpkins filed for divorce against William Simpkins in May 2001. At the time of trial, William Simpkins was living in a nursing home in Virginia and was represented at trial by his son and legal guardian, John Simpkins. William Simpkins died in October 2002. As executor of William Simpkins’ estate, John Simpkins appeals both the trial court’s final order of divorce and its finding of willful contempt against him. Because the trial court did not abuse its discretion in holding John Simpkins in contempt, and because we find no other error, we affirm. Two days before the end of the trial, John Simpkins signed and filed an affidavit stating that a certain BB&T money market account contained over $99,000. The jury equitably divided the parties’ property on March 26, 2002, and awarded the BB&T account to Agnes Simpkins. When John Simpkins finally submitted that account into the court’s registry on September 3, 2002, however, it contained less than $6000.

Agnes Simpkins filed a motion to hold John Simpkins in contempt for willfully violating the court’s order with respect to the BB&T account, and the trial court held a hearing on the matter on September 11, 2002. Although John Simpkins did not personally appear as ordered by the court, his attorney argued that the money had been spent in compliance with the court’s prior orders pertaining to the use of marital funds. The trial court disagreed, and held Mr. Simpkins in contempt. The trial court also entered the final judgment of divorce on that day.

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