Zickefoose v. Zickefoose
724 S.E.2d 312
W. Va.2012Background
- Married May 1, 2004 in Kanawha County; no children; marital home is wife's separate property.
- Both parties became disabled during the marriage; husband received VA disability benefits (PTSD) in 2007 and SSA disability in 2008; wife was found disabled (bipolar) as of Dec 2007.
- Separation date determined as May 22, 2009; modest assets and similar low-income lifestyle.
- Family court (June 3, 2010) awarded wife $1,000/month permanent spousal support, treating husband’s disability income as part of payor’s ability to pay.
- Circuit court (Dec 13, 2010) reversed to $500/month for 18 months, but failed to articulate how VA benefits were weighed; ordered no more than 18 months without clear reasoning.
- This WV Supreme Court case holds VA disability benefits may be considered as a resource in determining spousal support and remands for a proper final order addressing specific findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VA disability benefits may be considered in support calculations | Zickefoose argues benefits are a resource to assess ability to pay | Zickefoose contends benefits should not be considered in determining amount | Yes; benefits may be considered as a resource. |
| Whether the circuit court's remand was proper | Remand to provide explicit, particular findings | Remand not necessary; proper reversal suffices | Remand affirmed to address findings and award with particularity. |
| Whether rehabilitative vs permanent spousal support applies | Permanent award warranted given unlikely earning capacity change | Rehabilitative support appropriate due to disability context | Rehabilitative support not warranted; award should be permanent. |
Key Cases Cited
- Urbaniak v. Urbaniak, 807 N.W.2d 621 (S.D. 2011) (VA disability benefits may be considered in alimony.)
- In re the Marriage of Morales, 214 P.3d 81 (Or.App. 2009) (VA disability payments may be considered as income for spousal support.)
- Clauson v. Clauson, 831 P.2d 1257 (Alaska 1992) (Disability benefits can affect financial circumstances for maintenance.)
- In the Matter of the Marriage of Weberg, 463 N.W.2d 382 (Wis. 1990) (Military disability payments may be considered in determining maintenance.)