WVSC Opinion: Zickefoose v. Zickefoose (filed Feb. 2012)

New Syllabus Point:  In determining the amount of spousal support to be awarded pursuant to the factors enumerated in W.Va. Code, 48-6-301(b)(1)-(20) [2001], federal, service-connected veterans disability benefits received by the payor spouse may be considered by the family court as a resource, along with the payor’s other income, in assessing the ability of the payor to pay spousal support. Such consideration by the family court is not precluded by 10 U.S.C. § 1408 [2009] of the Uniformed Services Former Spouses’ Protection Act or 38 U.S.C. § 5301 [2003] concerning the nonassignability of veterans benefits.

Read the Opinion Here: http://www.courtswv.gov/supreme-court/docs/spring2012/11-0073.pdf

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