Justia Public Benefits Opinion Summaries

Articles Posted in West Virginia Supreme Court of Appeals
Upon granting Husband and Wife a divorce, the family court directed Husband to pay $1,000 per month in spousal support. The court found that the award did not need to be paid out of Husband's veteran's disability benefits. The circuit court set aside the award of permanent spousal support and directed Husband to pay supposal support in the amount of $500 per month for eighteen months. The Supreme Court reversed, holding (1) in determining the amount of spousal support to be awarded, federal service-connected veterans disability benefits received by the payor spouse may be considered by the family court as a resource, along with the payor's other income, in assessing the ability of the payor to pay spousal support; and (2) because the circuit court, among other things, (i) failed to address with any specificity Husband's veterans benefits or the parties' Social Security awards, (ii) failed to address with specificity how those disability benefits were taken into account in setting aside the family court decision, and (iii) did not determine that any of the factual findings of the family court were clearly erroneous, the action was remanded to the circuit court for further proceedings. View "Zickefoose v. Zickefoose" on Justia Law