In re the Marriage of William G. Wilson v. Tina L. Wilson

Summary

The Supreme Court of Appeals of West Virginia affirmed a divorce order addressing permanent alimony, child support, and attorney's fees. The court held that the family law master properly considered the applicable alimony factors, classified the appellant's earnings for child-support purposes, and awarded attorney's fees. The court also ordered the appellant to pay the appellee's reasonable attorney's fees and costs incurred in defending the appeal and remanded for a hearing on that issue.

Holdings

1. A final equitable-distribution order is reviewed for abuse of discretion, underlying factual findings are reviewed for clear error, and questions of law and statutory interpretation are reviewed de novo.
2. The circuit court did not abuse its discretion in affirming the family law master's recommendation of $800 per month in permanent alimony.
3. For purposes of calculating child support, the family law master properly classified William's Sunday premium, holiday premium, supper money, miscellaneous earnings, and call-in earnings as general earnings rather than overtime compensation.
4. The circuit court did not abuse its discretion in awarding Tina $500 in attorney's fees and costs, and William was required to pay Tina's reasonable attorney's fees and costs incurred in defending the appeal.

Questions Presented

1. Whether the circuit court abused its discretion by affirming the family law master's award of permanent alimony.
2. Whether the family law master properly classified William's Sunday premium, holiday premium, supper money, miscellaneous earnings, and call-in earnings as general earnings rather than overtime compensation when calculating child support.
3. Whether the circuit court abused its discretion by affirming the award of $500 in attorney's fees and costs to Tina.
4. Whether Tina was entitled to reasonable attorney's fees and costs incurred in defending the appeal.

Disposition

affirmed