Luis B. v. Linda B.
16-0303
| W. Va. | Apr 7, 2017Background
- Parties married in 1987, separated April 24, 2013, divorced by family court on June 11, 2015; five children, one minor at issue.
- Petitioner (Luis B.) is a high‑earning orthopedic surgeon (income > $1,000,000); respondent (Linda B.) is a part‑time nurse with investment income from inherited funds.
- Marital assets included business interests (Three Gables Surgery Center; Tri‑State Surgical Properties) and other property and retirement contributions tied to petitioner’s employment and related entities.
- Family court divided assets, set parenting/child support (including permission for respondent to move to Texas and naming her residential parent), awarded permanent spousal support of $14,000/month, ordered petitioner to buy out respondent’s interests in businesses, awarded portions of 2013 income and employer retirement contributions, and awarded attorney/accounting fees to respondent.
- Circuit court affirmed most family court rulings (valuation decisions, child support, spousal support, fees), reversed limited rental/medical‑bill items, and remanded an unaddressed sanctions motion. This Court affirmed the circuit court.
Issues
| Issue | Plaintiff's Argument (Luis) | Defendant's Argument (Linda) | Held |
|---|---|---|---|
| Valuation of Three Gables and Tri‑State | Family court wrongly rejected Luis’s expert valuations and accepted respondent’s or internal business valuations | Family court properly assessed competing evidence and could credit internal valuation / respondent’s evidence | Family court did not abuse discretion; valuation findings upheld |
| Award of 1/6 of 2013 property income | Luis lacked notice; income was used/received pre‑separation and double‑counted in valuations | Income was not realized until June 2013 and properly awarded | No clearly erroneous finding; award affirmed |
| Employer retirement contribution (2013) | Contribution occurred after separation and required year‑end employment, so not marital | No evidence employer required year‑end employment for contribution; contribution is marital | Award of portion of contribution to respondent proper |
| Child support amount (> $7,000/mo) | Court should have deviated from formula | Guidelines produce presumptively correct amount; court may deviate but did not abuse discretion here | Strict application of guideline permissible; award affirmed |
| Retroactive modification of temporary orders (arrearage) | Retroactive increase created unjust $24,000 arrearage; error | Temporary orders entered quickly to meet needs; retroactivity justified | Family court considered matter; no abuse of discretion |
| Permanent spousal support and tuition | $14,000/mo and tuition award excessive | Family court considered statutory factors, income disparity, lifestyle | Alimony and tuition awards within court’s discretion |
| Attorney and expert fees | Respondent could pay her own fees; fees improperly based on fault | Family court considered income disparity, lifestyle, fault and other factors | Fee awards not an abuse of discretion |
Key Cases Cited
- Carr v. Hancock, 216 W.Va. 474 (explaining standards of review for family court findings)
- Bettinger v. Bettinger, 183 W.Va. 528 (family master may not reject unrebutted competent expert testimony)
- George v. Godby, 174 W.Va. 313 (appellate reversal when findings are against preponderance of evidence)
- Kimble v. Kimble, 186 W.Va. 147 (discretion in valuation review)
- McGraw v. McGraw, 186 W.Va. 113 (valuation and fact‑finding standards)
- Soulsby v. Soulsby, 222 W.Va. 236 (child support guidelines presumptive and deviation standards)
- Nichols v. Nichols, 160 W.Va. 514 (alimony rulings committed to court’s discretion)
- Pelliccioni v. Pelliccioni, 214 W.Va. 28 (alimony standard of review)
- Banker v. Banker, 196 W.Va. 535 (factors for awarding attorney’s fees in divorce)
- Mayle v. Mayle, 229 W.Va. 179 (appellate review of fee awards)