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COM. DEPT. OF SOCIAL SERVICES v. EWING

Record No. 1480-95-2.

470 S.E.2d 608 (1996)

22 Va. App. 466

COMMONWEALTH of Virginia, Virginia DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, ex rel., Phyllis S. EWING, v. Franklin R.J. EWING, III.

Court of Appeals of Virginia, Richmond.

May 21, 1996.

Attorney(s) appearing for the Case

Keith H. Warren, Special Counsel, Virginia Department of Social Services, Division of Child Support Enforcement (Betsy S. Elliott, Senior Special Counsel, Virginia Department of Social Services, Division of Child Support Enforcement; James S. Gilmore, III, Attorney General; William H. Hurd, Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General; Craig M. Burshem, Regional Special Counsel, on briefs), for appellant Division of Child Support Enforcement.

Jacqueline G. Epps, Richmond (Morris and Morris, on brief), for appellant Phyllis S. Ewing on custody issue.

Deanna D. Cook, Richmond (Bremner & Janus, on brief), for appellee.

Present: ELDER, BRAY and FITZPATRICK, JJ.

FITZPATRICK, Judge.

Phyllis S. Ewing and the Virginia Department of Social Services (collectively referred to as mother) appeal the trial court's order denying mother an award of child support. She argues that the trial court erred in eliminating the child support obligation of Franklin R.J. Ewing, III (father) after determining that he had become voluntarily unemployed. Father appeals the trial court's continuation of mother's sole legal custody of the parties' child...

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