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57 Search Results for Alimony

August 9, 2010

Alimony or Spousal Support – Will I pay or get it?

...opportunity or giving up a well paying job may convince the Court that an alimony award is warranted. The classic long term alimony case in WV is WV Supreme Court of Appeals Case Molnar v. Molnar 314 S.E.2d 73, 173 W.Va. 200 (W.Va., 1984). The Molnars were married for 35 years before their separation. She had a minimum wage job, and he made at least $100,000 in today’s dollars. Her “rehabilitation plan” was to go to college, taking 10 years to ea...

March 6, 2011

Alimony: The Particulars

...a charge against the estate of the obligor. That is, if the person paying alimony has agreed that his former spouse’s alimony claim can be a charge against his estate, after he dies, the order needs to say so. f. My next three posts will be the three WV statutes that define the law of alimony. There are many WV Supreme Court of Appeal cases that define it in detail. Longer term alimony is determined by an analysis of 20 factors, age, relative inc...

April 8, 2018

Brand New WV Custody and Alimony Law

...nequitable conduct” as a ground for increasing or decreasing the amount of alimony. There are 18 other factors which seem to be the old ones, length of marriage, incomes of the parties, health of the parties, age of the parties, etc. But, Para. 20 allows the court to consider, “..any other factors the court determines necessary or appropriate to consider in order to arrive at a fair and equitable grant of spousal support and separate maintenance.”...

December 8, 2013

Family Law Practice Tip – Equitable Distribution and Alimony Spreadsheets

...at. Often there is just one budget, which is essential evidence during the alimony phase of the trial. 1. My first column is the intact family’s budget (prior to separation). Often, parties have been keeping their own pay, and paying bills separately, but I insist on a total. If the client’s budget has a large sum left over each month, I ask “Where are all your savings?” And, if it falls short, I make sure it is consistent with the debt. $30,000 o...

March 6, 2011

The Role of Fault in WV Alimony (WV Code 48-8-104)

...repudiating my client’s pre-nuptial agreement and asking for commensurate alimony for the husband’s fault, an admitted affair. I explained that I found that family courts are not concerned much with fault. She respectfully disagreed with me, referring me to a case she had authored. I left there feeling that in the right case, she and the Court would support a significant award of alimony. As I said, unless a client is prepared to go to the Suprem...

March 6, 2011

Factors in Determining Alimony (Spousal Support), The WV Statute, Sec 48-6-301

...upport or separate maintenance; (Note: Feb. 10, 2012. J.B.H. This is WVa’s alimony statute.) (a) In cases where the parties to an action commenced under the provisions of this article have not executed a separation agreement, or have executed an agreement which is incomplete or insufficient to resolve the outstanding issues between the parties, or where the court finds the separation agreement of the parties not to be fair and reasonable or clear...

March 15, 2014

FAQ

...iage, who stayed home and raised their children, is going to have a better alimony claim than a working professional with income the same or nearly the same as her spouse. Alimony may be temporary, as in a temporary divorce order, rehabilitative; for example, where one of the spouses needs to complete college, or permanent, where there is no reasonable prospect that the needy spouse can “close the gap” in their respective earning abilities, or eve...

November 20, 2011

What Burt Has to Say to His (Divorce and Custody) Opponents

...good things mentioned in Para. e. 1 above. Instead, WHY NOT JUST READ THE ALIMONY STATUTE. The court must consider 20 factors before deciding whether to order alimony, how much and for how long. These factors include the parties’ ages, work experience, employment status, length of marriage, health, intelligence, and event who was at fault in destroying the marriage. The court has to consider whether a party can complete some education or get some...

May 14, 2010

Mediation: Tips for Parties and Lawyers

...supporting evidence, so go to mediation without them at your peril. Where alimony is at issue, the clients MUST read the alimony statutes, AND fill out a worksheet. There are 20 factors effecting alimony. I am amazed at the attorneys who do not educate their clients. Most marriages are not 30-50 years, so “rehabilitative alimony” is more common. In those cases the lawyer and client must put together a “plan of economic rehabilitation”. Be innovat...