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COURT OF APPEALS OF VIRGINIA


Present:  Chief Judge Moon, Judge Bray and Senior Judge Duff
Argued at Alexandria, Virginia


JACK KENT COOKE
                                            OPINION BY
v.         Record No. 2289-95-4        JUDGE RICHARD S. BRAY
                                          AUGUST 20, 1996
SUZANNE MARTIN COOKE


FROM THE CIRCUIT COURT OF FAUQUIER COUNTY
William Shore Robertson, Judge

  Edwin A. Williams (Kellogg, Williams & Lyons, on briefs), for appellant.

  Mark A. Barondess (Milissa R. Spring; Sandground, Barondess & West, P.C., on brief), for appellee.


Acting on petition of Suzanne Martin Cooke (wife), the trial court increased previously ordered child support payable by Jack Kent Cooke (husband) and awarded wife attorney's fees incidental to the proceedings.  Husband appeals, complaining that the support order did not comply with applicable statutory guidelines and that the fees were excessive.  Finding that the trial court did not adhere to the appropriate guideline, we reverse the support award.
The pertinent facts are uncontroverted.  The parties were divorced in November 1988, and husband was ordered, by decree entered on January 23, 1990, to pay wife $2,420 per month for the support and maintenance of the child born of the marriage.  On July 21, 1994, wife petitioned for an increase, pleading a material change in circumstances arising from both the economic status of the parties and the child's needs.  Following several ore tenus hearings, the trial court concluded that a review of the earlier order was warranted and conducted a further hearing on July 14, 1995 to ascertain an appropriate modification and attendant attorney's fees.  In accordance with correspondence to counsel dated August 1, 1995, the court, by order entered September 26, 1995, increased husband's monthly child support obligation from $2,420 to $3,845.66, retroactive to the date he received notice of wife's motion, July 28, 1994, and awarded wife attorney's fees of $18,512.50.  
This increase comported with the presumptive child support prescribed by Code

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