Walton Child Support Lawyer, West Virginia

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Sharon McKeny Lord

Adoption, Dispute Resolution, Child Support, Constitutional Law
Status:  In Good Standing           

Lyne Ranson

Family Law, Divorce, Divorce & Family Law, Child Support
Status:  In Good Standing           

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LEGAL TERMS

LAWFUL ISSUE

Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'

PATERNITY SUIT

A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the fath... (more...)
A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.

CHILD

(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.

ORDER TO SHOW CAUSE

An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.

DEPENDENTS BENEFITS

A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disabi... (more...)
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disability benefits under the program's rigorous qualification guidelines.

CUSTODY (OF A CHILD)

The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When ... (more...)
The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, one of the hardest decisions they have to make is which parent will have custody. The most common arrangement is for one parent to have custody (both physical and legal) while the other parent has a right of visitation. But it is not uncommon for the parents to share legal custody, even though one parent has physical custody. The most uncommon arrangement is for the parents to share both legal and physical custody.

FAMILY COURT

A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

SAMPLE LEGAL CASES

Noland v. Virginia Ins. Reciprocal

... 530, 236 SE2d 207 (1977), that "[t]he trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in 29 support of his claim which would entitle him to ...

In re Ryan B.

... Dept. of Health and Human Resources Bureau for Child Support Enforcement. ... Joanna F. objected to the relinquishment and requested that the court order William Matthew B. to pay child support until Ryan B. reaches the age of majority. ...

Skidmore v. Skidmore

... A. Retroactive Modification of Child Support. Mr. Skidmore first assigns error to the circuit court's refusal to reverse the family court's decision retroactively modifying his child support obligation. ... B. Prospective Modification of Child Support. ...