The SecretariatTopics: family
News and information on cases WV Supreme Court in the area of family law
?Friday, February 1, 2008
Family:: attorneys ' fees and costs of witnesses, intransigence
LANDIS v. LANDIS, no 33333 (per Curiam) (November 8, 2007). Reversing an order of the circuit of Raleigh County Court that denied a request for fees and expert costs exceeding $ 300,000 in a divorce lawyer. Keeping in mind that the lower courts erred in relying exclusively on the applicant's ability to pay. After considering the entire record, concluding that there is substantial merit in the assertion that the intransigence of the appellee has increased the costs of litigation and order the appellee to be responsible for half of the appellant's Attorney and expert witness fees and costs.
[Permanent Link] ?Google It!The family:: goodwill of enterprise
HELFER v. HELFER, no. 33348 (per Curiam) (November 8, 2007) (Rehearing denied, January 10, 2008). Reversing an order of the circuit of Ohio County Court that denied a petition of appeal to a family court order on equitable distribution. Keeping in mind that the family court in not taking into account the intangible asset of company goodwill in the practice of chiropractic. Further Remanding in processes.
[Permanent Link] ?Google It!Family:: Caregivers were not psychological co-parents
IN RE: visitation and custody of SENTURI N.S.V, no 33334 (per Curiam) (October 25, 2007). Reversing an order of the Circuit Court of Cabell County Family Court which stated that the contrary, which sometimes cared for the child, the child's psychological co-parents were small and had a shared parenting arrangement with the mother. Holding Company that simply take care of a child is not sufficient to confer a parent status of psychological care giver. Still commenting about total and utter contempt of the courts below of the mother's parental rights, remanding to the restoration of full rights involving deprivation of liberty.
[Permanent Link] ?Google It!FAMILY, abuse, neglect, adoption: &: voluntary Renunciation of parental rights
IN RE: CESAR l., n. o 33317 (DAVIS, C.J.)(Starcher, j., following in part and dissenting in part)(Albright, j., following in part and dissenting in part)(Benjamin, j., concurring)(24 October 2007). State orders of that: (1) the Circuit Court of Berkeley County determined a mother had no standing to apply for an amendment of the provision in w. Va. code 49-6-6 because she had voluntarily relinquished their parental rights; and (2) found that the abandonment of the mother was voluntary and free of fraud and coercion and was therefore a voluntary waiver valid under w. Va. code 49-6-7. Establishing six new curriculum and holding that this waiver voluntarily acts as a complete loss of parental status.
[Permanent Link] ?Google It!Family, son of support:: accumulation of child support by people incarcerated
ADKINS v. ADKINS, no. 33312 (ALBRIGHT, j.).(8 November 2007). Joint relief grant of an order of the family court of Cabell County, in a direct appeal of the family court. In paragraphs 3 to 8, programmatic guidance below significant configuration to determine the support obligation of a person imprisoned, including a determination that this obligation should be defined in light of actual earnings of the person while incarcerated and other assets virtually available to support.
[Permanent Link] ?Google It!Family procedure:: arrearage suit for alimony is not barred
CHILD SUPPORT ENF. Div. and VARNEY v. VARNEY, paragraph 33332 (per Curiam) (Maynard, j., declassified) (Janes, judging by the temporary leasing) (November 21, 2007). Reversing an order of the Circuit Court of Mingo County which denied an appeal to a family court order ruled that the limitation period applies to bar a suit for execution of a decision to Decree for child support arrearages. Realize that because a warrant of execution was issued within ten-year statute of limitations linked to the ruling by Decree, the Statute began to run again from the return day of execution.
[Permanent Link] ?Google It!Family, procedure, EQUITY:: Unclean hands
FOSTER v. FOSTER, no 33301 (per Curiam) (November 20, 2007). Reversing an order of the circuit of Raleigh County Court which determined that a petition to recover the excess of little less than $ 3,500 in child support was filed outside the Statute of limitations. Refusing to revert for reasons stated, instead applying the equitable doctrine of unclean hands to prevent recovery, where the appellee was previously able to avoid paying more than $ 30,000 in support of the child, with success, stating that the applicant was unable to collect on the judgment of the decree that had more than ten years of age.
[Permanent Link] ?Google It!Family procedure:: opportunity to appeal to Circuit Court
WASHINGTON v. WASHINGTON, (per Curiam) 32980 (October 26, 2007). Affirming an order of the circuit of Harrison County Court which refused a family court to have been prematurely archived. Keeping in mind that the Court of the circuit correctly generated, your MEA sponte, the opportunity for appeal, which was presented a day after the deadline of thirty days. Despite a letter of opinion was delayed in being made a part of the official file of the Court, the plaintiff had the letter in his possession, by this late arrival of the letter to the registry of the Court had no impact on the ability to timely resource file. Can't find any evidence that the party is pro, which later obtained improperly, lawyer was hampered in the exercise of its right of access to the courts.
[Permanent Link] ?Google It!FAMILY pension, TORTS: inadequate Distribution: prior to retirement
BROWN v. city of FAIRMONT, et al., no. 33354 (per Curiam) (November 21, 2007). Joint relief grant of an order of the Circuit Court of Marion County, granted summary judgment for defendants in a lawsuit alleging improper distribution of pension to a fireman's Fireman. Holding that the distribution of proceeds to the alternate payee before the retirement was inappropriate because clear legal requirements had not been met. Affirming the Court's determination of circle with respect to allegations of breach of fiduciary duty and related claims.
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