COURT OF APPEALS OF VIRGINIA 

Present: Judges Annunziata, Agee and Senior Judge Coleman 

PAULINE F. WALI 

 MEMORANDUM OPINION*

v. Record No. 0090-02-4 PER CURIAM 

 AUGUST 13, 2002 

ABDUL F. WALI 

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY 

Marcus D. Williams, Judge 

 (T. James Binder, on brief), for appellant. 

 No brief for appellee. 

 Pauline F. Wali (wife) appeals the decision of the circuit 

court granting Abdul F. Wali's (husband) motion for modification 

of child support. On appeal, wife contends that the trial court 

erred by maintaining the court's previous finding that she was 

voluntarily under-employed and imputing income to her on that 

basis. Upon reviewing the record and opening brief, we conclude 

that this appeal is without merit.1 Accordingly, we summarily 

affirm the decision of the trial court. See Rule 5A:27. 

 On appeal, we view the evidence and all reasonable 

inferences in the light most favorable to husband as the party 

 

* Pursuant to Code § 17.1-413, this opinion is not 

designated for publication.

1

 We deny husband's motion to dismiss. 
prevailing below. See McGuire v. McGuire, 10 Va. App. 248, 250, 

391 S.E.2d 344, 346 (1990). 

Background

 The parties were divorced by final decree. The court 

granted wife custody of the parties' infant daughter and ordered 

husband to pay child support by a custody, visitation, and 

support order entered on July 14, 2000. In that order, the 

court deviated from the presumptive guideline amount of child 

support, finding wife was voluntarily under-employed. The court 

imputed to her monthly income of $4,134. 

 On September 14, 2001, husband filed a petition for 

modification of child support. He argued changed circumstances 

warranted a reduction in the amount he was required to pay to 

wife. Wife moved and enrolled their daughter into a different 

daycare, which cost less than the previous school. 

Additionally, husband's health insurance premiums for daughter's 

coverage increased. 

 The trial court reduced husband's child support obligation 

to $549 monthly. The court explained that it was continuing to 

deviate from the presumptive amount due to the imputation of 

income to wife. In its order, the court noted "there has been 

no change in circumstances regarding the mother's voluntary 

[underemployment] since the last Order of this Court." 

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Analysis

 Mother argues the trial court erred by relying on the 

finding in the earlier order that she was voluntarily 

under-employed. 

 "The burdens of production and persuasion are generally 

allocated to the party seeking to disturb the status quo." 

Stockdale v. Stockdale, 33 Va. App. 179, 184, 532 S.E.2d 332, 

335 (2000). Wife sought to alter the court's finding that she 

was voluntarily under-employed. However, she failed to 

demonstrate a change in circumstances warranting an alteration 

of the previous order. "'In the absence of a material change in 

circumstance, reconsideration . . . would be barred by 

principles of res judicata.'" Bostick v. Bostick-Bennett, 23 

Va. App. 527, 535, 478 S.E.2d 319, 323 (1996) (citation 

omitted). Credible evidence supports the trial court's decision 

that no material change in circumstances warranted a change in 

the imputation of income to wife. 

 Accordingly, we summarily affirm the decision of the trial 

court. See Rule 5A:27. 

Affirmed. 

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