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Justia Daily Opinion Summaries

Supreme Court of Appeals of West Virginia
February 25, 2020

Table of Contents

Campbell v. Campbell

Family Law

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Supreme Court of Appeals of West Virginia Opinions

Campbell v. Campbell

Docket: 18-0627

Opinion Date: February 24, 2020

Judge: Jenkins

Areas of Law: Family Law

The Supreme Court reversed the order of the circuit court affirming the family court's order denying Michael Campbell's motion to modify his spousal support obligation to his former wife, Joanna Campbell, holding that the family court erred by denying Michael's petition to modify his spousal support award and that the circuit court erred by affirming the family court's ruling. On appeal, Michael argued that he was entitled to modification of his alimony obligation because his current monthly spousal support obligation was greater than his currently monthly retirement income and that the lower courts erred by refusing to modify his spousal support obligation to an amount commensurate with his ability to pay. The Supreme Court reversed, holding that the lower courts erred by refusing to grant Michael's modification petition.

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