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At the time they filed their separate petitions, petitioners
resided in Virginia.
Dr. Amarasinghe and Ms. Amarasinghe married in 1970 and
divorced in 1993. At the time of their divorce, they had three
children under the age of 18. In the Final and Permanent
Separation, Custody, Support and Property Settlement Agreement,
Dr. Amarasinghe agreed to pay lump-sum and periodic alimony,
child support, health insurance premiums, and automobile
insurance premiums to Ms. Amarasinghe.
On August 22, 2002, as a result of Ms. Amarasinghe’s
petition, the Juvenile and Domestic Relations District Court of
the City of Virginia Beach (Virginia Beach district court) found
that Dr. Amarasinghe was delinquent in his payments to Ms.
Amarasinghe and issued an order (the Order). The Order provided:
The Respondent [Dr. Amarasinghe] shall cash out and pay
over to the Petitioner [Ms. Amarasinghe] immediately
ALL funds in the Waddell & Reed Profit Sharing Plan and
Trust, approximately $188,000.00, more or less, and
said sums shall be deemed sufficient to bring current
all the Respondent’s * * * [child support and health
and automobile insurance premiums] through August 2002
as well as the balance of the lump sum due to the
Petitioner in the amount of $24,043.80 * * *.
The portion of the $188,000 not allocated to child support,
insurance premiums, and lump-sum spousal support would be deemed
sufficient to bring current the periodic spousal support owed.
Subsequent to the entry of the Order, Dr. Amarasinghe
instructed Waddell & Reed to transfer the funds from his account
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Last modified: March 27, 2008