Opinion
Record No. 2399-92-3 and 0011-93-3
August 3, 1993
FROM THE CIRCUIT COURT OF FRANKLIN COUNTY B. A. DAVIS, III, JUDGE.
(Terry N. Grimes; King, Fulghum, Snead, Nixon Grimes, on brief), for appellant.
(M. Dean Cranwell, on brief), for appellee.
Present: Judges Barrow, Koontz and Bray.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Upon reviewing the record and briefs of the parties, we conclude that these appeals are without merit. Accordingly, we affirm the decision of the trial court. Rule 5A:27.
Thomas Gordon Nau ("husband") appeals the trial court's order of December 14, 1992, reducing his permanent spousal support payments to $500 a month, and seeks a further reduction in the amount of the permanent spousal support.
Code § 20-109 allows modification of spousal support "as the circumstances may make proper." The party seeking to modify spousal support must prove both a material change in circumstances and that the change warrants modification.Schoenwetter v. Schoenwetter, 8 Va. App. 601, 605, 383 S.E.2d 28, 30 (1989). "The judgment of a trial court sitting in equity, when based upon an ore tenus hearing, will not be disturbed on appeal unless plainly wrong or without evidence to support it." reaching its decision. Accordingly, we cannot say that the decision is plainly wrong or without evidence to support it.
For the reasons stated, we affirm the trial court's decision.
Affirmed.