West Virginia Supreme Court
Edwin K., Respondent Below, Petitioner v. Bonnie W., and Bureau for Child Support Enforcement, Petitioners Below…
April 18, 2017239 W. Va. 655
Summary
The West Virginia Supreme Court affirmed the circuit court’s affirmation of the family court’s upward modification of child support, holding that the court properly attributed the petitioner’s income under the three‑part statutory test and that the self‑employment exemption did not apply because the petitioner failed to show a reasonable prospect of economic benefit to the child. The court applied the appropriate standards of review and found no error in the lower courts’ rulings.
Holding
- Whether the family court properly attributed the petitioner’s income under West Virginia Code §48‑1‑205(b) when the petitioner voluntarily left employment and was working below full earning capacity.. The family court correctly applied the three‑part test and may attribute income because the petitioner voluntarily left employment, remained available for work, and did not seek employment in a manner a reasonably prudent parent would have under the circumstances.
- Whether the self‑employment exemption in West Virginia Code §48‑1‑205(e)(2) bars attribution of income to the petitioner’s plumbing business.. The exemption does not apply because the petitioner failed to demonstrate that his plumbing business would provide an economic benefit to the child within a reasonable time.
- Whether the circuit court erred in its application of the clearly erroneous standard to factual findings and the abuse of discretion standard to legal conclusions.. The circuit court’s review was proper; factual findings are reviewed for clear error and legal conclusions for abuse of discretion, and no error was found.
Docket 15-1161
Cited authorities
- W. Va. Code § 48-1-205
- W. Va. Code § 48
- W. Va. Code § 48
- W. Va. Code § 48
- W. Va. Code § 48