Record No. 0627-92-3Court of Appeals of Virginia. Salem.
January 19, 1993
FROM THE CIRCUIT COURT OF ROANOKE COUNTY G. O. CLEMENS, JUDGE
Deborah Caldwell-Bono for appellant.
Arthur E. Smith for appellee.
Present: Chief Judge Koontz, Judges Moon and Willis
Argued at Salem, Virginia
MEMORANDUM OPINION[*]
CHIEF JUDGE LAWRENCE L. KOONTZ, JR.
John Amos Bright (husband) appeals from the trial court’s order requiring him to pay to Suzan Joy Reynolds Bright (wife) child support, spousal support and attorney’s fees. Husband contends that the trial court abused its discretion by giving consideration to his brother’s financial situation in establishing support and attorney’s fees. Finding no error, we affirm.
Husband alleges that the trial court considered the fact that “husband’s brother had plenty of money and would be there to take care of [husband] down the road” in determining support and attorney’s fees. However, the trial court made the following explanation for the record: “The court does not recall using this specific language. The court did say that [husband] had a brother that could help him financially. Prior hearings had indicated that brother had helped him when funds were needed.” The trial court further stated that the comment regarding husband’s brother’s wealth was not a consideration in establishing support or attorney’s fees:
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Well, that wasn’t part of the reasoning. I had already made my ruling and then you said . . . he can’t afford to pay that, Your Honor, he just can’t afford it and I said . . . that he’s always managed to get funds and . . . his brother has always managed to come up with the money for him, but that was not part of my ruling.
Despite husband’s assertions, we find nothing in the record that compels us to reject the trial court’s statement that it did not consider the husband’s brother’s wealth in making its decision on support and attorney’s fees. Accordingly, the trial court’s decision is affirmed.
Affirmed.
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