Marriage of Santee v. Santee

566 S.E.2d 254, 211 W. Va. 367, 2002 W. Va. LEXIS 62
CourtWest Virginia Supreme Court
DecidedJune 7, 2002
DocketNo. 30124
StatusPublished

This text of 566 S.E.2d 254 (Marriage of Santee v. Santee) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Santee v. Santee, 566 S.E.2d 254, 211 W. Va. 367, 2002 W. Va. LEXIS 62 (W. Va. 2002).

Opinion

PER CURIAM.

This is an appeal by Barbara S. Santee from a divorce order entered by the Circuit Court of Marshall County on March 8, 2001. In that order, the circuit court rejected a family law master’s recommendation that the appellant receive alimony for the period of three years and ruled that the appellant was entitled to no alimony. On appeal, the appellant claims that the circuit court’s decision was erroneous and that, in fact, she should have been awarded more alimony than that recommended by the family law master..

I.

FACTS

The appellant, Barbara S. Santee, and the appellee, Larry D. Santee, were married on October 16, 1998. The appellant had previously been married twice before. Her first husband was a coal miner, and upon his death, the appellant became entitled to certain health insurance benefits from the United Mine Workers of America. Those benefits were provided to her cost free for the remainder of her life, or until she remarried.

After the death of her first husband, the appellant married a man named Albert Ellington on May 14, 1995. The appellant’s United Mine Workers health benefits terminated at that time. However, the marriage was annulled in 1998, and because the marriage ended in annulment, rather than divorce, the appellant’s United Mine Worker’s health insurance was reinstated. The appellant was awarded $200 per month child support for a child born to tbe Ellington marriage.

As has previously been stated, the appellant and the appellee were married on October 16, 1998. Shortly after the marriage, strains developed, and on February 26, 1999, slightly more than four months after the parties were married, the appellee instituted the present proceeding by suing for divorce.

Hearings were held in the divorce before a family law master on May 3 and May 16, 2000, and at those hearings, extensive evidence was introduced relating to the parties’ financial resources, their incomes, their income-earning capacities, and their expenses. The healings showed that the appellant had a gross income of $955.74 per month from rental properties, from a United Mine Workers of America pension, and from child support payable by her second husband. Her expense statement showed that her expenses were $1,100 per month, not including the cost of health insurance. The evidence also showed that she was 42 years old, that she had a high school education, and that neither prior to, nor during the parties’ marriage, had she held a traditional job. The appellee was 53 years old and had long been employed by PPG Industries where, during 1999, he earned a gross income of $51,876. His expense statement showed that his monthly expenses, including various taxes, were $3,908.37 per month.

Following the hearings, the family law master, among other things, recommended that the appellee pay the appellant $200 per month alimony for a period of three years. Both parties petitioned that the circuit court [369]*369review and reject the family law master’s recommended alimony. The appellant claimed that it was inadequate. The appellee claimed that it was excessive and unjustified.

Neither party requested oral arguments on the petitions for review. The circuit clerk nonetheless scheduled the matter for hearing, and a brief hearing was held before the circuit court at which the attorney for each party was allowed to speak. Following the hearing, the circuit court on March 3, 2001, concluded that the appellant was not entitled to alimony, and on March 8, 2001, the court entered an order to that effect. It is from that order that the appellant now appeals.

II.

STANDARD OF REVIEW

In Syllabus Point 1 of Stephen L.H. v. Sherry L. H., 195 W.Va. 384, 465 S.E.2d 841 (1995), this Court stated: “A circuit court should review findings of fact made by a family law master only under a clearly erroneous standard, and it should review the application of law to the facts under an abuse of discretion standard.” In note 11 of the same case, the Court stated:

The standards of review that we discuss in the text of this opinion as applying to the circuit court are the same standards for this Court. A court should review the record for errors of law; ensure the decision is supported by competent, material, and substantial evidence in the whole record; and ensure the findings and ultimate decision of a family law master are not clearly erroneous or an abuse of discretion. In reviewing the decisions of the circuit court, the scope of this Court’s review is relatively narrow. Our role is limited to considering errors of law and making certain that the circuit court adhered to its statutory standard of review of factual determinations, that is, whether the family law master’s findings are supported by substantial evidence and consistent with the law.

III.

DISCUSSION

The issue in the present case is whether the circuit court properly rejected the family law master’s recommendation that the appel-lee pay the appellant $200 per month alimony for the limited period of three years and properly concluded that the appellant was entitled to no alimony at all.

An examination of the record shows that the family law master examined the evidence relating to the financial assets of the parties, their income earning capacities, their health and them financial obligations. The family law master noted, among other things, that each party had sold a parcel of real estate and contributed the proceeds toward purchasing marital assets. The family law master also noted that the appellant suffered from various health problems, that the appel-lee’s income was substantially greater than the appellant’s, but that the appellant received child support, a United Mine Workers pension, and owned income-producing real estate. The family law master also noted that it did not appear that the appellant always managed her rental real estate in the most advantageously profitable manner. Finally, the family law master concluded that neither side had proved by a preponderance of the evidence a fault component ■ to the breakdown of the marital relationship. In addressing the award of alimony, the family law master concluded:

5. Based upon the persuasive evidence presented by the parties, in the instant action, the Court concludes the relevant factors under W. Va.Code 48-2-16(b) to be the following:
a) The length of time the parties were married;
b) The period of time during the marriage when the parties actually lived together as husband and wife;
c) The present employment income and other recurring earnings of each party from any source;
d) The income-earning abilities of each of the parties, based upon such factors as educational background, training, employment skills, work experience, length of absence from the job [370]*370market and custodial responsibilities for children;
e) The distribution of marital property to be made under the terms of a separation agreement or by the court under the provisions of section thirty-two [§ 48-2-32] of this article, insofar as the distribution affects or will affect the earnings of the parties and their ability to pay or their need to receive alimony ...

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Related

Stephen L.H. v. Sherry L.H.
465 S.E.2d 841 (West Virginia Supreme Court, 1995)
Bridgeman v. Bridgeman
391 S.E.2d 367 (West Virginia Supreme Court, 1990)

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566 S.E.2d 254, 211 W. Va. 367, 2002 W. Va. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-santee-v-santee-wva-2002.