Lucas v. Luca

592 S.E.2d 646 (2003)

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Nature of the Case

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Facts

A divorce was granted to H and Brenda (W). H was ordered to pay $ 850.00 monthly in spousal support. On May 10, 2000, H filed a petition for termination of spousal support alleging that since October 1999, a de facto marriage had existed between W and a third-party. W admitted that she had resided with Mr. Davis in Huntington, West Virginia, for a period of over two years; maintained a conjugal relationship with him; used his residence as her mailing address; shared household duties; and jointly owned several vehicles with Mr. Davis. W further indicated that she paid Mr. Davis $300.00 monthly toward shared household expenses. At the time of separation in 1995, the financial evidence indicated that W's gross income was $128,320.00. By 1999 it had decreased to $116,779.00. W's income in 1999 was $31,000.00. The family law master found that a de facto marriage existed and that the evidence justified a reduction of support from $850.00 monthly to $700.00 monthly. The Family Court adopted the recommendation. H appealed.