In Re: the Marriage of: Joel K. v. Tina K. (West Virginia 2017)

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s order refusing petitioner Joel K.’s appeal of the family court’s orders compelling payment of equitable distribution and spousal support. The Court held that the family court’s divorce decree is law of the case, precluding a new claim for credit for prior temporary support, and declined to consider newly discovered evidence because it had not been presented to the family court.

Holding

Whether petitioner is entitled to a credit against the lump‑sum spousal support award for prior temporary support payments.. No; the family court’s April 30, 2012 decree of divorce is law of the case and precludes petitioner from seeking such credit, and the issue was waived by his failure to raise it earlier.

Whether newly discovered evidence of forgiven marital credit‑card debt warrants reconsideration of the equitable distribution award.. No; the Court declined to consider the evidence because petitioner has not presented it to the family court and procedural mechanisms exist for such a motion, so the issue is not before this Court.