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BENNETT v. COM., DEPT. OF SOCIAL SERVICES

Record No. 1364-95-4.

472 S.E.2d 668 (1996)

22 Va. App. 684

Charles D. BENNETT v. COMMONWEALTH of Virginia, VIRGINIA DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, ex rel. Audrey BENNETT.

Court of Appeals of Virginia, Alexandria.

July 16, 1996.

Attorney(s) appearing for the Case

Yvonne DeBruyn Weight, Alexandria (Eric Michael Weight; Weight & Weight, on briefs), for appellant.

Anne Wren Garrett, Special Counsel (Betsy S. Elliott, Senior Special Counsel; Nancy J. Crawford, Regional Special Counsel, 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 brief), for appellee.

Present: BENTON, COLEMAN and OVERTON, JJ.

COLEMAN, Judge.

Charles D. Bennett appeals the trial court's order which refused to modify his monthly child support obligation. He contends that the trial court erred by (1) requiring him to prove a material change in his former wife's circumstances, in addition to the change in his circumstance, before considering the issue of imputing income to her, (2) not imputing income to her, (3) not including in her gross income the social security and federal housing benefits...

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