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57 Search Results for Alimony

April 3, 2014

Table of Contents

...alimony by preparing a “plan of economic … 2011/03/06 2011-03-06 14:34:00 Alimony: The Particulars I posted an article about alimony, or spousal support, August 9, 2010. You may recall that there are several forms … 2011/03/06 2011-03-06 14:09:00 How Did Your Week Compare to Mine? I just finished an intense, interesting week. Perhaps you would like to know what that means for a busy personal … 2011/03/04 2011-03-04 21:33:00 The WV Association For...

November 18, 2017

Mediation Food for Thought

...house or farm, and retirement benefits such as a 401K plan or pension). If alimony (spousal support) is an issue, read the alimony statute, West Virginia Code – Sections: 48-6-301, 48-8-104, and make a list of relevant facts (Length of marriage, relative incomes, age and health of parties, fault, etc.) Family cases other than divorces have other evidentiary requirements. You should have completed and filed a proposed parenting plan, setting out yo...

November 1, 2010

How an Attorney Can Be a Good Adversary

...ourt have identified and applied in determining the duration and amount of alimony. When alimony is awarded in accordance with the law, it is often fair. 14. A good adversary is honest with the Court and her own client. Encouraging the client to believe the other counsel is vindictive, incompetent, or dishonest is problematical even when true. Most of the time there is something meritorious in what the other side is attempting, or some reason to d...

November 1, 2010

How an Attorney Can Be a Good Adversary

...ourt have identified and applied in determining the duration and amount of alimony. When alimony is awarded in accordance with the law, it is often fair. 14. A good adversary is honest with the Court and her own client. Encouraging the client to believe the other counsel is vindictive, incompetent, or dishonest is problematical even when true. Most of the time there is something meritorious in what the other side is attempting, or some reason to d...

February 19, 2021

Family Law in WV: A Deep Dive

...y informed or educated about West Virginia’s “equitable distribution” and “alimony” statutes. Knowledge of that law can effectively protect both parties. Since I know that the disadvantaged party, under current case law, needs to consult a lawyer before signing a prenup and since I know the parties MUST prepare itemized financial disclosures, NO ONE yet has been willing to pay me for the work needed properly to complete a prenup. Also, most partie...

March 21, 2018

You Aren’t Going to Mediation! (Now what will you do?)

...umerated by the statute, that impact the length, amount, and nature of the alimony. Fault is only one factor. h. Find a formula, Judge Goldberg’s, the Va. formula, or something that you can hang your calculation on. If your judge uses a one, you better find out which one and prepare. i. Come to the table with constructive “win-win” ideas. That is essential. j. Be wary about separating the parties and walking back and forth. Your client can imagine...

March 6, 2011

Rehabilitative Spousal Support – The WV Statute

...is is critical where the marriage was not long enough to justify permanent alimony. We must convince the judge the person claiming is industrious and serious about getting a fresh start in shortest time possible. I send her (usually is is a her) to local colleges, vocational schools, or employers with training programs. Financial aid offices can be very helpful. The more concise details, the better! (When I represent the potential obligor, I expla...

August 11, 2011

Fat, the Law, and Society

...go in and lie to the court. 7. I thought I had figured out how to put the alimony into a “special needs trust” for use on all sorts of things, fitness equipment, roof repairs, even a new t.v., but the WV Dept of Health and Human Resources (WVDHHR), after approving one of them, wised up and objected, and the Court agreed with them. No more special needs trust funded by alimony. This is very unfortunate. 8. So, lifestyle choices, comfort, fast food...

December 28, 2021

Civil Litigation 101

...filing, a routine petition and motion for temporary relief (child support, alimony or possession of a house or car.), or a motion for expedited or emergency relief. One rare order comes from a motion or petition for “ex parte relief”; that is, an order entered before any evidence is taken. It could be entered to prevent someone from leaving WV with a child or other urgent matter where “irreparable harm” is likely if the motion/petition is denied....

November 20, 2012

2012 Seminars Attended to Date

...KNOW ABOUT VALUING PROPERTY IN A NUTSHELL 2012-10-20 LISA LYNN MORGANTOWN ALIMONY & CHILD SUPPORT WVCLE FAMILY LAW MS 2012 FINANCIAL CONSIDERATIONS TO KEEP IN MIND WITH ALIMONY & CHILD SUPPORT 2012-10-20 ROGER A. GRIFFITH MORGANTOWN VALUING A BUSINESS WVCLE FAMILY LAW MS 2012 VALUING A BUSINESS, READING A TAX RETURN, & PRESENTING EQUIT. DISTRIB 2012-10-20 DANIEL L. SELBY MORGANTOWN CHILDRENS BEST INTEREST TRAINING FOR FAMILY COURT & CHILD ABUSE/N...