Lucas v. Lucas
Supreme Court of Appeals of West Virginia
592 S.E.2d 646 (2003)
When Mr. Lucas (plaintiff) and Mrs. Lucas (defendant) divorced in 1997, the court ordered $850 monthly spousal support based on Mr. Lucas's then-$128,320 annual income; in 1999, Mr. Lucas petitioned to terminate support, citing Mrs. Lucas's de facto marriage-like relationship with Mr. Davis - over two years of cohabitation, shared chores, conjugal relations, a $300 monthly expense contribution, and treating the home as her permanent residence, with her own annual income at $31,000 - and his own income decline to $116,779. A family court master recommended reducing support only to $700, the family court adopted that finding, and Mr. Lucas appealed.
Whether it is within the discretion of a court to reduce an alimony award because the payee has entered into a de facto marriage with another person and the payor's annual income has decreased by approximately 10 percent, without the court making a detailed evaluation of other factors relating to awards of support.