Lucas v. Lucas
Supreme Court of Appeals of West Virginia
592 S.E.2d 646 (2003)
- Written by Denise McGimsey, JD
Facts
When Mr. Lucas (plaintiff) and Mrs. Lucas (defendant) divorced in March 1997, the court ordered Mr. Lucas to pay $850 per month in spousal support. At the time of the divorce, Mr. Lucas’s annual income was $128,320. In October 1999, Mr. Lucas petitioned the court to terminate the support order on the ground that Mrs. Lucas was living with another man, Mr. Davis, in a de facto marriage and Mr. Lucas’s income had decreased to $116,779. At a hearing held by a family court master, Mrs. Lucas testified that she had been cohabiting, sharing household chores, and having conjugal relations with Mr. Davis for more than two years; that she treated their home as her permanent residence; and that she contributed $300 per month to shared expenses. Mrs. Lucas’s annual income was $31,000. The master recommended that the order of support be reduced to $700. The family court adopted the master’s findings. Mr. Lucas appealed.
Rule of Law
Issue
Holding and Reasoning (Albright, J.)
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