K.W. v. C.W.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of K.W.'s appeal concerning child-support accounting and responsibility for funeral and grave expenses. The court held that K.W. could not challenge issues to which he or his counsel had acquiesced or that were established by prior orders not timely appealed. The decision was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. K.W. could not dispute the amount of past-due child support in this appeal because the amount had been established by prior orders that he did not appeal, and his counsel affirmatively accepted the revised accounting.
2. K.W. could not challenge the order directing that any overpayment be sent to the funeral home because he expressly agreed to that disposition through counsel.
3. K.W. could not challenge the 83-percent allocation of funeral and grave expenses because he failed to appeal the prior order establishing that allocation.
4. The family court had plenary authority to reconsider its earlier determination concerning responsibility for the funeral expenses because the 2009 order was not shown to be final.

Questions Presented

1. Whether K.W. could challenge the amount of past-due child support after failing to timely appeal the prior orders establishing that amount.
2. Whether K.W. could challenge the direction that any child-support overpayment be sent to the funeral home after his counsel expressly agreed to that disposition.
3. Whether K.W. could challenge the allocation of funeral and grave expenses in a later appeal after failing to appeal the prior order making that allocation.
4. Whether the family court had authority to reconsider its earlier determination concerning K.W.'s responsibility for funeral expenses.

Disposition

affirmed