Ann Majewski Miller v. John R. Miller, Jr. ( 2001 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Annunziata, Agee and Senior Judge Coleman
ANN MAJEWSKI MILLER
MEMORANDUM OPINION *
v. Record No. 1443-01-1 PER CURIAM
DECEMBER 11, 2001
JOHN R. MILLER, JR.
FROM THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE
Samuel B. Goodwyn, Judge
(Gregory S. Larsen; William W. Harty; Roy,
Larsen, Romm & Lascara, P.C., on brief), for
appellant.
(Robert G. Byrum; Shames & Byrum, P.C., on
brief), for appellee.
Ann Majewski Miller (wife) appeals the decision of the
circuit court awarding John R. Miller, Jr. (husband) a no-fault
divorce pursuant to Code § 20-91(9)(a). On appeal, wife contends
the trial court erred in (1) limiting husband's spousal support
obligation to twelve months and (2) terminating husband's child
support obligation. Upon reviewing the record and briefs of the
parties, we conclude that this appeal is without merit.
Accordingly, we summarily affirm the decision of the trial court.
See Rule 5A:27.
On appeal, we view the evidence and all reasonable
inferences in the light most favorable to appellee as the party
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
prevailing below. See McGuire v. McGuire, 10 Va. App. 248, 250,
391 S.E.2d 344, 346 (1990).
Procedural Background
The parties were married on September 23, 1989. On February
11, 1999, husband filed a bill of complaint seeking a divorce.
The court, on July 19, 1999, entered a pendente lite order
granting physical custody of the parties' minor child to wife and
ordering husband to pay $500 per month in child support. Both
parties filed exceptions to the commissioner in chancery's
December 21, 2000 report. The trial court granted husband's
request for a divorce on the ground that the parties lived
separate and apart for over one year, pursuant to Code
§ 20-91(9)(a). On May 23, 2001, the court entered a final decree
of divorce. The court ordered husband to pay wife $500 per month
spousal support for one year, pursuant to Code § 20-107.1(C). The
court granted the parties joint legal custody of their child and
ordered that Dorothy S. Majewski, maternal grandmother, have
primary physical custody.
Analysis
I.
"A spousal support award is subject to the trial court's
discretion and will not be disturbed on appeal unless plainly
wrong or without evidence to support it." Howell v. Howell, 31
Va. App. 332, 351, 523 S.E.2d 514, 524 (2000). "If the court
determines that an award [of spousal support] should be made,
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the court is required to consider all the factors outlined in
Code § 20-107.1." Barker v. Barker, 27 Va. App. 519, 527-28,
500 S.E.2d 240, 244 (1998). The commissioner considered the
Code § 20-107.1 factors and determined wife was in need of
financial support and that husband has the ability to meet the
need. The commissioner specifically noted wife was in need of
support in order to secure the education and training necessary
to enhance and improve her earning ability. The trial court
accepted the commissioner's findings and awarded wife the sum of
$500 per month. Based on all the evidence and appropriate
factors, we conclude that the record supports the spousal
support award of $500 per month for the period of one year.
II.
"[D]ecisions concerning child support rest within the sound
discretion of the trial court and will not be reversed on appeal
unless plainly wrong or unsupported by the evidence." Barnhill
v. Brooks, 15 Va. App. 696, 699, 427 S.E.2d 209, 211 (1993).
The court awarded physical custody of the parties' minor child
to wife's mother, thereby eliminating the need for husband to
make child support payments to wife. The trial court did not
abuse its discretion in terminating father's child support
obligation.
Accordingly, we summarily affirm the decision of the trial
court. See Rule 5A:27.
Affirmed.
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