Hammers v. Hammers, 740449

• Decision Date: 13 June 1975
• Docket Number: No. 740449,740449
• Citation: 216 S.E.2d 20,216 Va. 30
• Court: Virginia Supreme Court
• Parties: Julia S. HAMMERS, now Julia S. Steingold v. Ronald P. HAMMERS. Record

Page 20

216 S.E.2d 20

216 Va. 30

Julia S. HAMMERS, now Julia S. Steingold v. Ronald P. HAMMERS.

Record No. 740449.

Supreme Court of Virginia.

June 13, 1975.

R. Gordon Scott, F. Lee Ford, Newport News, on brief, for appellant.

No brief for appellee.

Case submitted on brief by appellant.

Before I'ANSON, C.J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

I'ANSON, Chief Justice.

The sole issue on this appeal is whether the chancellor erred in reducing the amount of maintenance and support for the two minor children of the parties.

Julia S. Hammers, now Julia S. Steingold, was granted a divorce A vinculo matrimonii from Ronald P. Hammers by a decree entered on May 25, 1972. The decree approved and incorporated therein a settlement agreement between the parties which provided, Inter alia, that Ronald Hammers would pay the sum of $275 semi-monthly for the maintenance and support of their tow minor children.

On October 17, 1973, Hammers filed a petition in the court below praying, Inter alia, for a reduction in the amount of the support of the two children on the ground that there had been a 'gross change' in his financial circumstances. After hearing evidence, the chancellor entered a decree on January 15, 1974, reducing the semi-monthly payments to $225.

Mrs. Steingold contends that the evidence was insufficient to support the chancellor's decree.

Hammers' evidence shows that after the entry of the decree of May 25, 1972, his prior indebtedness to a bank of $2,000 increased to approximately $4,020; that he was in arrears in the payment of his State and Federal income taxes for 1972 in the amount of $3,458; that his unpaid estimated income taxes for 1973 amounted to approximately $7,000; and that he had remarried in March of 1973. Hammers conceded, however, that his income from his law practice increased from $24,000 in 1972 to $30,000 in 1973.

Mrs. Steingold presented in evidence an itemized statement of the cost of supporting the two children which was far in excess of the $550 monthly payments for their support.

Code § 20--108 gives the court continuing jurisdiction to change or modify its decree as to the custody and maintenance of minor children, and a contract between the husband and wife cannot prevent the court from exercising this power. Carter v. Carter, 215 Va. 475, 481, 211 S.E.2d 253, 258 (1975). In exercising this power the court may revise and alter its decree if a material change in condition and circumstances has occurred. Campbell v. Campbell, 203 Va. 61, 64, 122 S.E.2d 658, 661 (1961).

The burden is on the father of minor children to prove by a preponderance of the evidence that a change in his capacity to pay rendered him unable to keep up the...