DivorceinWV.com

Attribution of income to parents when computing support:
If either parent does not work for whatever reason, when a computation for support is made, the parents income has to be figured using either current income or income attributable to what the parent is capable of making whichever is greater. Reasoning: Many parents, custodial and noncustodial, stop working, get lower paying jobs, start working for cash or find other creative ways to make the court system think their income should lead to higher or lower support. This causes support to be skewed one way or the other in one of the parents favor but not in favor of the children. If a custodial parent chooses not to work, they need to be attributed at the amount they COULD make if they did, not at the local minimum wage. This will cause that parent to more than likely get a job and get off assistance roles. The amount of support will be less but the children will be better off. Example: If the custodial parent is a Registered Nurse, the amount of attributed income should be equal to the amount that person would make if they were employed Likewise, if the noncustodial parent chose not to work, they should be attributed income comparable to what they had made in the past. This will raise support amounts and cause that parent to get a job and the children will be better taken care of. Of course, allowances will have to be made if there is a bonafide reason the parent does not work, however, this should be limited to serious reasons such as disabilities and well documented such as by receipt of social security disability income or workers compensation.

Time it takes to get through the court system:
I was separated at the end of June 2004. I wasn’t divorced until the beginning of June 2005. I provided all needed documentation through my attorney to the court as required in all orders from the judge. My exwife did not provide her information in a timely manner. At the first hearing she didn’t provide anything. This pushed the next date down the road a ways. At this hearing, she was compelled by the judge to provide her financials by a certain date and was given extensions to do so by my attorney and still did not provide the information by the time we were preparing for the final hearing. When the final hearing was scheduled in February 2005, we were scheduled for a hearing the same time as another couple, in hopes that they would go quick or settle. The next available date wasn’t until October, except for one day in July when everyone would have been on vacation. I work for the government. If I couldn’t accomplish my mission for 11 months, I would ask for help. I would have congressman breathing down my neck if I didn’t pay somebody for almost a year. The Family court Judge seemed very efficient at the time of the hearings for our case, I suppose he is just as efficient in others. So my assumption is he has too much work to do. Is there any reason a magistrate for the county cannot hear some of the interim hearings leading up to the final? Especially when things are this backed up. Is there any reason a magistrate can’t hold family court for half a day once in awhile just to cut down the workload? Is there any reason a temporary Family court judge can’t be appointed for a 90 day term or something to reduce the workload or pull a term from 1 November to 31 January when it assumed that the workload may be higher?