BROWN v. BROWN

Record No. 0663-08-1.

674 S.E.2d 597 (2009)

53 Va. App. 723

Charles Nathaniel BROWN, Jr. v. Ophelia Keeling BROWN.

Court of Appeals of Virginia, Chesapeake.

April 7, 2009.


Attorney(s) appearing for the Case

Mark R. Baumgartner (A. Bartlett Keil; Anne C. Lahren; Pender & Coward, on briefs), Virginia Beach, for appellant.

Sheera R. Herrell (Jeffrey D. Tarkington; Hofheimer Ferrebee, on brief), Virginia Beach, for appellee.

Present: HUMPHREYS and BEALES, JJ., and COLEMAN, S.J.


HUMPHREYS, Judge.

Charles Nathaniel Brown, Jr. ("husband") appeals a ruling of the circuit court dismissing his petition to terminate spousal support due to a material change in circumstance. On appeal, husband contends that the circuit court erred in ruling that a consent decree incorporating an agreement between Ophelia Keeling Brown ("wife") and him qualified as a "stipulation or contract" under Code § 20-109(C). Husband asserts that this consent decree merely...

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