Marriage of Sloan v. Sloan

632 S.E.2d 45, 219 W. Va. 105, 2006 W. Va. LEXIS 10
CourtWest Virginia Supreme Court
DecidedMarch 16, 2006
Docket32852
StatusPublished
Cited by6 cases

This text of 632 S.E.2d 45 (Marriage of Sloan v. Sloan) 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 Sloan v. Sloan, 632 S.E.2d 45, 219 W. Va. 105, 2006 W. Va. LEXIS 10 (W. Va. 2006).

Opinions

PER CURIAM.

This is an appeal by Edward W. Sloan (hereinafter “Appellant”) from a final order of the Circuit Court of Wood County. The Appellant contends that the lower court committed various reversible errors in the resolution of the divorce between the Appellant and his former wife, Appellee Kathy M. Sloan. Upon thorough review of the record, briefs, arguments of counsel, and applicable precedent, this Court affirms in part, reverses in part, and remands this matter for further action consistent with this opinion.

I. Factual and Procedural History

In March 2004, the Appellee filed for divorce after almost twenty-three years of marriage. The Family Court conducted a hearing on August 13, 2004, in which both parties testified. The evidence presented at that hearing addressed the parties’ respective financial positions and also revealed that both parties are in their mid-forties and are in good health. One minor child of the parties remains in high school and is expected to graduate from high school in May 2006.1 The pertinent testimony further indicated that Mrs. Sloan was previously employed by the federal government in a clerical position in 1983. Mrs. Sloan also possesses thirty to forty hours of college credit. The evidence further reflected that the Appellant earns approximately $102,000.00 per year. The parties also submitted extensive evidence regarding their expected monthly incomes and expenses.

While the stipulated value of the marital home was $44,000.00, the parties had recently expended approximately $62,500.00 in upgrades to the home in anticipation of Mrs. Sloan’s parents living in the home with the parties. Mrs. Sloan’s parents allegedly provided Mrs. Sloan with $10,000.00 to assist in the construction expenses of the addition, but Mrs. Sloan decided to return that $10,000.00 to her parents. Both of Mrs. Sloan’s parents are now deceased.

By order entered January 21, 2005, the Family Court granted the parties a divorce based upon irreconcilable differences. The Family Court ruled that Mrs. Sloan was entitled to $1,800.00 monthly in spousal support for thirty-six months and $1,000.00 per month thereafter until she attains the age of sixty-two. This calculation of the amount of spousal support was based upon Mr. Sloan’s income of $102,000.00 per year, as well as the parties’ disclosures of financial information. The Family Court found that with substantial retraining, Mrs. Sloan could resume employment in a clerical capacity. However, due to the family’s decision that Mrs. Sloan should remain at home during the years in which her children were in school, the Family Court found that she should not be required to return to work immediately. Thus, the Family Court attributed only minimum wage to Mrs. Sloan, approximately $900.00 monthly.

With regard to child support, the Family Court ordered the Appellant to pay $676.00 monthly. The order further required the child support obligation to continue beyond the date when Daniel reaches the age of eighteen years, and provided that the obligation should continue

so long as said child is then unmarried, is residing with a parent, is enrolled in a secondary school or vocational school, and is making substantial progress toward a diploma; provided, however, that said child support obligation should not be required [108]*108to continue beyond the date when said child reaches the age of twenty (20) years.

Mr. Sloan’s pension from his employment with General Electric was divided evenly between the parties. With regard to a 401K plan, the Family Court order required that Mrs. Sloan should receive $34,300.00 from that account and Mr. Sloan should receive the remaining amount, approximately $110,831.00. Loans were taken against the 401K account in order to subsidize the parties’ approximate $62,500.00 expenditure to remodel the marital home. With regard to the other outstanding debts of the parties, the lower court found that Mrs. Sloan should be required to pay her car loan of $9,122.00 and a dental bill of $1,800.00. Further, the Appellant was required to pay $354.00 monthly for three years in COBRA coverage for Mrs. Sloan and $39.00 monthly in insurance for the parties’ son. In explaining the allocation of marital debt, the Family Court stated that it was requiring the Appellant to pay a “substantially greater portion of the marital debt, thereby off-setting the fact that he -will be retaining a substantially greater portion of the marital assets.”

By order entered March 7, 2005, the Circuit Court of Wood County affirmed the findings and conclusions of the Family Court. Mr. Sloan now appeals to this Court, contending that (1) the spousal support award is excessive; (2) Mrs. Sloan’s attorney should not have been permitted to prepare the Qualified Domestic Relations Order regarding Mr. Sloan’s pension; (3) the marital home should have been sold; (4) child support beyond the child’s 18th birthday is improper; and (5) the final order contained elements not discussed during the hearing, such as the award of child support possibly to age twenty-

II. Standard of Review

In establishing a standard of review for examining a lower court’s rulings on matters of equitable distribution, this Court has consistently held as follows:

In reviewing a final order entered by a circuit court judge upon a review of, or upon a refusal to review, a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly erroneous standard, and the application of law to the facts under an abuse of discretion standard. We review questions of law de -novo.

Syllabus, Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (2004). See also Syl. Pt. 2, Lucas v. Lucas, 215 W.Va. 1, 592 S.E.2d 646 (2003). Further, in the single syllabus of Nichols v. Nichols, 160 W.Va. 514, 236 S.E.2d 36 (1977), this Court held that “[questions relating to alimony and to the maintenance and custody of the children are within the sound discretion of the court and its action with respect to such matters will not be disturbed on appeal unless it dearly appears that such discretion has been abused.” Based upon these standards, we address the merits of this appeal.

III. Discussion

A. Spousal Support

Mr. Sloan contends that the award of $1,800.00 per month in spousal support is unreasonably high. In reviewing lower court pronouncements regarding spousal support, this Court has explained that “[ajbsent a finding of a statutory bar to [spousal support] or a finding of substantial fault or misconduct on the part of the spouse seeking [spousal support], the determination of awarding [spousal support] is to be based on ‘the financial position of the parties.’ ” Banker v. Banker, 196 W.Va. 535, 541, 474 S.E.2d 465, 471 (1996) (quoting Hickman v. Earnest, 191 W.Va. 725, 726, 448 S.E.2d 156, 157 (1994)).

As this Court has maintained, spousal support is not to “be awarded solely for the purpose of equalizing the income between spouses.” Pelliccioni v. Pelliccioni, 214 W.Va.

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632 S.E.2d 45, 219 W. Va. 105, 2006 W. Va. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-sloan-v-sloan-wva-2006.