Support - Child and Spousal - § 4-3 (D) - Part 2

(D) Modification

1995—Peterson v. Peterson, Va. Ct. of Appeals, Unpublished, No. 0451-94-3
Trial court did not err in terminating husband’s spousal support obligation and refusing to impute to husband his pre-retirement income, despite the fact that husband had voluntarily elected early retirement to care for his ill second wife. Wife’s income had increased by approximately $26,500 in the five years since the initial support award, and by all indications, her standard of living had improved after the divorce.

1995—Buxbaum v. Buxbaum, 20 Va. App. 181
A spouse ordered to pay support must pay according to the terms of the decree, and payments made in excess of the amount ordered are gifts or gratuities and cannot be credited to his obligation to pay the support award.
Husband was not entitled to credit against his spousal support obligation for overpayments of child support made to wife, where the parties never agreed nor had an understanding of any kind that the overpayments of child support were to be applied to future spousal support obligations.

1993—Hiner v. Hadeed, 15 Va. App. 417
The material change in circumstances must have occurred after the most recent judicial review of the award.

1988—Hollowell v. Hollowell, 6 Va. App. 417
The material change must bear upon the financial needs of the dependent spouse or the ability of the supporting spouse to pay.

1985—Floyd v. Floyd, 1 Va. App. 42
Husband’s motion to reduce spousal support was denied as he did not prove a material change in circumstances.

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