Greg E. Moxness v Elaine D. Moxness

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Willis, Annunziata and Overton
Argued at Alexandria, Virginia
GREG E. MOXNESS
v. 	Record No. 0449-95-4 	MEMORANDUM OPINION* BY
JUDGE JERE M. H. WILLIS, JR.
ELAINE D. MOXNESS 	DECEMBER 29, 1995
FROM THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY
William D. Hamblen, Judge
Alan K. Arden (Pfitzner, Morley & Stephens,
on brief), for appellant.
Timothy T. Szabo (Szabo, Quinto, Zelnick &
Erickson, P.C., on brief), for appellee.
Noting that based on the parties' actual incomes, the
guidelines set forth in Code § 20-108.2 prescribed a presumptive
support obligation for Ms. Moxness of $422 per month, the trial
court noted that there were factors in the case justifying a
deviation from that presumptive amount. 	It noted that the
evidence supported an imputation to Ms. Moxness of an income
equal to the salary that she had most recently drawn prior to her
early retirement from military service. 	It noted that her
retirement and consequent ability to care for the children saved
the parties the costs of providing day care for the children.
The trial court ruled, ". . . these matters cancel themselves
out, it's a wash. 	I've done it a couple of different ways. . . .
[I]t yields four twenty-two in my view, four hundred and twenty-
*Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

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two dollars. . . . I think it's appropriate from the evidence in
this case. 	Four twenty-two." 	The record supports this
conclusion. 	The judgment of the trial court is affirmed.
Affirmed.