Opinion
Record No. 1623-92-3
July 13, 1993
FROM THE CIRCUIT COURT OF ROANOKE COUNTY KENNETH E. TRABUE, JUDGE.
Charles B. Phillips (Phillips, Doherty Swanson, on brief), for appellant.
Cheryl Watson Smith (Mundy, Rogers Frith, on brief), for appellee.
Present: Chief Judge Moon, Judges Barrow and Koontz.
Argued at Salem, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
In this appeal from a final decree of divorce, we reverse the provisions in the decree awarding child support and awarding a judgment against the husband in the amount of $15,223.12 for extraordinary medical expenses. We affirm the provisions awarding spousal support and requiring the husband to pay $1,500 toward a fee for the guardian ad litem.
I. CHILD SUPPORT
The provision awarding child support does not contain written findings explaining why the trial court deviated from the presumptive amount. The parties agree that the provision should have and that counsel neglected to include it. Furthermore, the decree does not state the presumptive amount or how it was determined, and we cannot determine from the evidence what that amount should be. Therefore, we reverse and remand the provision regarding child support for redetermination and entry of a new order containing written findings "of enough detail and exactness to allow for effective appellate review."Richardson v. Richardson, 12 Va. App. 18, 22, 401 S.E.2d 894, 897 (1991).
II. EXTRAORDINARY MEDICAL EXPENSES
The provision awarding $15,223.12 for extraordinary medical expenses was incorrectly determined. The entry of a prior child support award did not bar entry of this order because the earlier award did not provide support for the child for whom these medical expenses were incurred. However, the amount of the award, even though retrospective in nature, should have been determined in accordance with the provisions of Code §§ 20-108.1, et seq. Instead, the trial court determined the amount of expenses and entered judgment against the husband for that amount, rather than determining the presumptive amount of support, the proportion that each parent should pay based on income, and whether there should be any deviation from that amount.
III. GUARDIAN AD LITEM FEES
The order requiring the husband to reimburse the wife $1,500 for fees she paid for the guardian ad litem was not barred by an earlier decree ordering each party to pay $2,100 of such fees. The earlier order was not a final order; therefore, it was subject to later modification. Williams v. Dean, 175 Va. 435, 439, 9 S.E.2d 327, 329 (1940) (an interlocutory order may be modified while cause is pending); Hairfield v. Commonwealth, 7 Va. App. 649, 654, 376 S.E.2d 796, 799 (1989) (a decree leaving anything to be done by the court is interlocutory).
IV. SPOUSAL SUPPORT
Finally, no objection was made to the award of spousal support and counsel for the husband acknowledges that this award is not the subject of this appeal.
For these reasons, the award of child support and the award of a judgment in the amount of $15,223.12 for extraordinary medical expenses are reversed and remanded for further proceedings consistent with this opinion.
Reversed and remanded.