Luff v. Luff, No. 16443
| Court | Supreme Court of West Virginia |
| Writing for the Court | PER CURIAM |
| Citation | 174 W.Va. 734,329 S.E.2d 100 |
| Decision Date | 12 April 1985 |
| Docket Number | No. 16443 |
| Parties | Betty L. LUFF v. Edward T. LUFF. |
Page 100
v.
Edward T. LUFF.
West Virginia.
Decided April 12, 1985.
"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 clearly appears that such discretion has been abused." Syllabus, Nichols v. Nichols, 160 W.Va. 514, 236 S.E.2d 36 (1977).
Richard W. Cardot, Elkins, for appellant.
Page 101
S.J. Angotti, Morgantown, William A. Beckett and Dan O'Hanlon, Beckett, Burford & James, Huntington, for appellee.
PER CURIAM:
Betty L. Luff appeals from a final order of the Circuit Court of Monongalia County which denied her petition to modify the alimony provisions in a prior divorce decree. She contends that changes in her personal circumstances merited an increase in the duration and the amount of rehabilitative alimony.
The appellant and her former husband, Edward T. Luff, were divorced after 36 years of marriage, by a decree entered December 1, 1980. The couple had no minor children at the time of the divorce. Mrs. Luff was granted alimony in the amount of $500.00 per month for a period of 24 months, with the first payment due on January 1, 1981. 1 No appeal was taken by either party.
The final payment was made on December 1, 1982. Approximately two weeks later, the appellant filed a verified petition seeking to have payments extended for a five-year period and increased to $1,000 per month. She alleged that, since the entry of the divorce decree, she had suffered a detrimental change of circumstances, that the amount of alimony theretofore paid was insufficient for her continued maintenance and support, and that her former husband's income had increased.
The appellee moved to dismiss the petition on the grounds that the temporary [174 W.Va. 735] period of alimony had expired and that the petition was therefore not timely. The court denied the motion, finding that the petition was filed prior to the expiration of the rehabilitation period, but agreed to certify the question of timeliness to this Court. We refused to docket the certified question. The circuit court proceeded to hear the petition on its merits, found no change of circumstances, and denied the requested relief.
Before a petition to modify an award of alimony may be granted, the petitioner...
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Pearson v. Pearson, No. 23679
...v. Wood (II), 190 W.Va. 445, 438 S.E.2d 788 (1993); Syl. Pt. 8, Wyant v. Wyant, 184 W.Va. 434, 400 S.E.2d 869 (1990); Syl., Luff v. Luff, 174 W.Va. 734, 329 S.E.2d 100 In Banker we gave the following explanation of the three principal ways in which an abuse of discretion might arise: An abu......
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Butcher v. Butcher, No. 16705
...should be given to continuing jurisdiction to reconsider the amount and duration of rehabilitative alimony." See also Luff v. Luff, 174 W.Va. 734, 329 S.E.2d 100 In this case, Mrs. Butcher was fifty years of age at the time of the divorce. She graduated from high school, but had no particul......
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Cross v. Cross, No. 17578
...the amount and duration of rehabilitative alimony." Molnar v. Molnar, supra, 173 W.Va. at 205, at 314 S.E.2d 78. See also, Luff v. Luff, 174 W.Va. 734, 329 S.E.2d 100 (1985), appeal after remand 177 W.Va. 247, 351 S.E.2d 434 (1986); Syl. Pt. 5, Butcher v. Butcher, 178 W.Va. 33, 357 S.E.2d 2......
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Goff v. Goff, No. 17141
...the sound discretion of the trial court to award or modify the amount of child support or alimony payments. Luff v. Luff, --- W.Va. ---, 329 S.E.2d 100 (1985); Zirkle v. Zirkle, --- W.Va. ---, 304 S.E.2d 664 (1983); Shannon v. Shannon, 165 W.Va. 662, 270 Page 500 [177 W.Va. 746] S.E.2d 785 ......
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Pearson v. Pearson, 23679
...v. Wood (II), 190 W.Va. 445, 438 S.E.2d 788 (1993); Syl. Pt. 8, Wyant v. Wyant, 184 W.Va. 434, 400 S.E.2d 869 (1990); Syl., Luff v. Luff, 174 W.Va. 734, 329 S.E.2d 100 In Banker we gave the following explanation of the three principal ways in which an abuse of discretion might arise: An abu......
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Cross v. Cross, 17578
...the amount and duration of rehabilitative alimony." Molnar v. Molnar, supra, 173 W.Va. at 205, at 314 S.E.2d 78. See also, Luff v. Luff, 174 W.Va. 734, 329 S.E.2d 100 (1985), appeal after remand 177 W.Va. 247, 351 S.E.2d 434 (1986); Syl. Pt. 5, Butcher v. Butcher, 178 W.Va. 33, 357 S.E.2d 2......
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Butcher v. Butcher, 16705
...should be given to continuing jurisdiction to reconsider the amount and duration of rehabilitative alimony." See also Luff v. Luff, 174 W.Va. 734, 329 S.E.2d 100 In this case, Mrs. Butcher was fifty years of age at the time of the divorce. She graduated from high school, but had no particul......
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Goff v. Goff, 17141
...the sound discretion of the trial court to award or modify the amount of child support or alimony payments. Luff v. Luff, --- W.Va. ---, 329 S.E.2d 100 (1985); Zirkle v. Zirkle, --- W.Va. ---, 304 S.E.2d 664 (1983); Shannon v. Shannon, 165 W.Va. 662, 270 Page 500 [177 W.Va. 746] S.E.2d 785 ......