Michael A. Oley v. Lisa S. Branch, 63 Va. App. 681

Oley appeals a Goochland County Circuit Court child support order entered August 27, 2013 addressing Branch's obligations for three minor children.
Court imputed Branch's income at $1,462 monthly based on former Chick-fil-A employment and found Branch unemployed but enrolled in school; Branch’s prior income is the basis for gross income.
Oley argued Branch’s personal injury settlement annuity, Pell Grant, and free housing should be included in gross income; court excluded annuity and housing and initially did not include Pell Grant.
Oley’s income was found to be $125 monthly; court deviated from guideline amounts due to inequity, ordering Branch to pay him support for three years and then adjusting to $400 per month thereafter.
Childcare expenses: nanny at about $400/week was not found work-related; court denied childcare support due to lack of credible evidence of work-related childcare need.
Private school tuition: Salem Christian School tuition $15,000/year was not ordered to be paid by Branch; court found no demonstrated need or Branch ability to pay, and declined to deviate from guidelines on tuition.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Branch’s personal injury settlement annuity is gross income	Oley: annuity constitutes income under § 20-108.2(C).	Branch: annuity is capital recoupment, not income; Whitaker controls.	Annuitized settlement not income; excluded from gross income.
Whether Branch’s Pell Grant should be included in gross income	Oley: Pell Grant is income under § 20-108.2(C).	Branch: Pell Grant is a gift/educational grant; exclude.	Pell Grant is gross income; remand to recalculate presumptive support.
Whether Branch’s ‘free housing’ from her mother constitutes gross income	Oley: value of free housing should be included as income.	Branch: no consideration of housing value; not a gift; not income.	Free housing not included as gross income.
Whether the circuit court erred in denying childcare expenses	Oley: daycare costs are work-related and must be added to support.	Branch: evidence of work-related childcare insufficient; failed to prove expenses.	Court did not abuse discretion; no work-related childcare deduction.
Whether private school tuition may be included as a deviation from guideline	Oley: private school tuition should be included due to demonstrated need or ability to pay.	Branch: no demonstrated need or ability to pay; deviation unwarranted.	No deviation; private school tuition not included.

Whitaker v. Colbert, 18 Va. App. 202 (1994) (personal injury settlements may be non-income unless apportioned to income)
Carmon v. Department of Social Services, 21 Va. App. 749 (1996) (free room and board may be income when exchanged for services)
Frazer v. Frazer, 23 Va. App. 358 (1996) (educational grants not automatically excluded; depends on statute)
Ragsdale v. Ragsdale, 30 Va. App. 283 (1999) (deviation for private education expenses when demonstrated need and ability to pay)
Solomond v. Ball, 22 Va. App. 385 (1996) (consider factors for private school necessity)
Joynes v. Payne, 36 Va. App. 401 (2001) (factors for private school consideration include availability of public schools and family history)
Prizzia v. Prizzia, 58 Va. App. 137 (2011) (evidence required for daycare expense inclusion)
Vissicchio v. Vissicchio, 27 Va. App. 240 (1998) (courts accord deference to trial court's factual findings in support awards)
Piatt v. Piatt, 27 Va. App. 426 (1998) (due process and fairness considerations in appellate review)