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Commonwealth v. White

Court of Appeals of Virginia. Argued at Richmond, Virginia
Jun 14, 1994
Record No. 2381-92-1 (Va. Ct. App. Jun. 14, 1994)

Opinion

Record No. 2381-92-1

Decided: June 14, 1994

FROM THE CIRCUIT COURT OF SURRY COUNTY, Robert G. O'Hara, Jr., Judge

Affirmed in part, reversed in part, and remanded.

Betsy S. Elliott, Senior Special Counsel (Department of Social Services, Division of Child Support Enforement, on briefs), for appellant.

Lawrence D. Diehl, for appellee.

Present: Chief Judge Moon, Judge Fitzpatrick and Retired Judge Hodges


MEMORANDUM OPINION

Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.


The decision of the trial court is affirmed in part, reversed in part, and remanded for the following reasons:

Where the court's decree does not expressly or by necessity supplant the provisions of the former decree, or where the two are not incompatible, the valid provisions of both decrees will be enforced. Schmidt v. Schmidt, 6 Va. App. 501, 505, 370 S.E.2d 311, 314 (1988); see Gazale v. Gazale, 219 Va. 775, 779, 250 S.E.2d 365, 367 (1979).

Here, both orders may co-exist. From the $300 payroll deduction ordered in 1988, $50 would pay a portion of White's current support and $250 would be applied to arrears, leaving $150 owing for current support and to be paid from other sources or to accrue. Thus, we reverse and hold that the 1988 decree for a payroll deduction of $300 per month, of which $250 was to be applied on arrears and $50 for current support, did not modify the 1981 order, but only directed how the payroll deduction was to be applied.

At the time of the 1988 show cause hearing, only two children were minors.

The 1988 decree left intact the 1981 decree setting child support at $100 per child. Any additional arrears following the 1988 decree should be based upon the 1981 decree until it is modified. Hence, the amount of the arrears as of the time of the 1988 decree is affirmed.

Affirmed in part, reversed in part, and remanded.


Summaries of

Commonwealth v. White

Court of Appeals of Virginia. Argued at Richmond, Virginia
Jun 14, 1994
Record No. 2381-92-1 (Va. Ct. App. Jun. 14, 1994)
Case details for

Commonwealth v. White

Case Details

Full title:COMMONWEALTH OF VIRGINIA, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD…

Court:Court of Appeals of Virginia. Argued at Richmond, Virginia

Date published: Jun 14, 1994

Citations

Record No. 2381-92-1 (Va. Ct. App. Jun. 14, 1994)