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Brett v. Brett6/4/1996
App. 960, 963-64, 420 S.E.2d 246, 248 (1992) (citations omitted). Mother relies upon Antonelli v. Antonelli, 242 Va. 152, 409 S.E.2d 117 (1991), to argue that the trial court erred in not imputing more income to father. In Antonelli, the father left a salaried management position with one stock brokerage firm to take a commissioned sales position with a different firm several months before a precipitous drop in the stock market. Id. at 153, 409 S.E.2d at 118. The Supreme Court noted that "the father gambled with the children's ability to receive his financial support, and lost." Id. at 156, 409 S.E.2d at 119. In contrast, here the trial court determined that father did not voluntarily take a risk which placed the children's payments in jeopardy. Antonelli does not preclude a payor spouse from ever receiving a reduction in support obligations when there have been unforeseeable changes in employment and corresponding reductions in salary.
Based upon the actual and imputed income, both parties had $30,000 in annual income. The trial court used these figures to set the amount of child support effective August 1, 1995, pursuant to the statutory guidelines. The guidelines are presumed to be correct. Code § 20-108.2(A). Therefore, as credible evidence supports the court's findings and the amount of child support was set pursuant to statutory guidelines, we find no error in the trial court's decision.
Modification of Spousal Support
Under Code § 20-109, the court is authorized to "increase, decrease, or terminate spousal support and maintenance . . . as the circumstances may make proper." Mother contends that the trial court erred in failing to state that it considered the statutory factors, presumably the factors set out in Code
§ 20-107.1, prior to reducing the amount of spousal support. The court is required to consider the statutory factors when the amount of spousal support is initially determined. Subsequently, a party seeking to modify support must prove "both a material change in circumstances and that this change warrants a modification of support." Schoenwetter v. Schoenwetter, 8 Va. App. 601, 605, 383 S.E.2d 28, 30 (1989).
The trial court found mother's current income to be $30,000. Mother alleged that she had $500 in monthly student loan payments coming due and a personal injury affecting her vision for which the prognosis was unknown. Mother did not demonstrate that her vision currently affected her earning ability. The court found that the circumstances of the parties warranted a reduction in spousal support to $100 for the period beginning August 1, 1994, and the discontinuance of spousal support as of August 1, 1995. Its findings are supported by credible evidence.
Accordingly, the decision of the circuit court is summarily affirmed.
Affirmed.
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