Jolene H.W. v. David P.W.

Summary

The West Virginia Supreme Court of Appeals affirmed a circuit court order upholding a family court’s divorce judgment. The decision addressed spousal support, child support, equitable distribution of marital property and debts, attorney’s fees, and the adoption of a proposed final order. The Court found no abuse of discretion, reversible error, or substantial question of law.

Holdings

1. The family court did not abuse its discretion by denying wife spousal support.
2. The family court did not abuse its discretion or commit reversible error in distributing the marital estate, awarding the marital home, valuing accounts and personal property, or granting credits for marital debt payments.
3. The family court properly calculated child support using husband's actual pay stubs and attributed $151,000 in annual income to wife.
4. The Supreme Court would not address wife's attorney's-fee assignment because the issue had not been decided by the lower court and was therefore premature.
5. The family court did not err by adopting husband's proposed final order verbatim because wife cited no authority forbidding that practice and the Supreme Court found none.

Questions Presented

1. Whether the family court abused its discretion by denying wife spousal support based on evidence that she was able to work and on the statutory alimony factors.
2. Whether the family court committed reversible error in equitably distributing the marital property and debts, including awarding the marital home, valuing property and accounts, and granting Conrad credits.
3. Whether the family court improperly calculated child support by using husband's actual pay stubs rather than an anticipated contract and by attributing $151,000 in annual income to wife.
4. Whether wife was entitled to attorney's fees when that issue had not yet been decided by the lower court.
5. Whether the family court erred by adopting husband's proposed final order verbatim.

Disposition

affirmed