Gladys J. v. Ronnie J.

Summary

The West Virginia Supreme Court of Appeals reviewed a divorce action involving spousal support, child support, dependent-child tax exemptions, and attorney's fees. The court affirmed in part, reversed in part, and remanded for further proceedings because the lower courts did not adequately consider statutory spousal-support factors, current income, tax-benefit findings, and attorney's-fee factors.

Holdings

1. The family court erred because it failed to consider all twenty statutory factors under W. Va. Code § 48-6-301 and failed to consider the husband's fault under W. Va. Code § 48-8-104.
2. Because the spousal support award is reversed, the child support award is also reversed and remanded for consideration of all current gross income information.
3. The family court erred by failing to follow W. Va. Code § 48-13-801, which requires allocation to the payee parent unless otherwise agreed, and requires findings that the payee's income and child support is greater when exemption is awarded to payor.
4. The family court abused its discretion by failing to consider the factors set forth in Banker v. Banker.

Questions Presented

1. Whether the circuit court erred in affirming the family court's determination that the wife was entitled to only $500 per month permanent spousal support
2. Whether the circuit court erred in affirming the family court's award of child support that was not based upon the husband's gross income at the time of the final hearing
3. Whether the circuit court erred in affirming the family court's award of the dependent children exemptions to the husband
4. Whether the circuit court erred in affirming the family court's determination that the husband pay the wife's attorney's fees and costs in the amount of only $3,000

Disposition

reversed_and_remanded