West Virginia Divorce ~ Support and Alimony Information
In West Virginia, support payments can be a huge factor in how the marital property distribution is awarded. This will be a major part of the final outcome of the divorce. If you and your spouse are unable to reach an agreement on this issue, the Circuit Court will order support from one spouse to another on a case by case basis.
These factors are considered by the court when awarding spousal support :
~ The duration of the marriage
~ The period of time when the spouses actually cohabited
~ The income of the spouses
~ The income-earning abilities of each of the parties , based upon educational background, employment skills, work experience, length of absence from the job market and custodial responsibilities for the children.
~ The property awarded by either the court or mutual agreement
~ The ages and heath conditions of each party
~ The postponement of education to further the earning capacity of the other
~ The standard living establishment while married
~ The likelihood that the party seeking spousal support, child support or separate maintenance can substantially increase his or her income by additional education or training
~ Financial or other contributions made by either party to the education, training vocational skills, career or earning capacity of the other party
~ The estimated expense of further education and training
~ The educational costs of the children
~ Health care costs for the children
~ Tax expenses to each party
~ The extent to which it would be inappropriate for a party, because the said party will be the custodian of the children, to seek employment outside the home
~ The financial need of each party
~ The legal obligations of each party to support themselves and others if needed
~ Costs and care associated with a minor or adult child's physical or mental disabilities
~ Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable grant of spousal support, child support or separate maintenance
Source : West Virginia Code - Sections 48 - 6 - 301, 48 - 8- 104