February 1, 2016

Family Law – Significant Verdicts

Here are a few recent significant verdicts from our long history of Family Law cases

Kanawha County Family Court

Our firm represented the husband/father. We argued on behalf of the father that custody of the children and possession of the home should be awarded to the parent who provided the majority of the care taking functions for the children and should not be based on stereotypical gender roles. The Family Court Judge ruled in favor of our client and he was granted possession of the home and designated as the custodial parent for the children.

Putnam County Family Court

Our firm represented the wife. The couple owned multiple valuable closely held corporations. However in the divorce, husband took the position that the marital estate was worthless and that wife was entitled to nothing. Mr. Van Bibber was able to prove that the marital estate had considerable value and secured wife’s equitable share. The significant part of this ruling was the attorney fees. Typically, each party pays their own attorney fees and costs. However in this case, Mr. Van Bibber was able to convince the Judge that the husband’s position was frivolous and that he had unnecessarily caused wife to incur substantial attorney fees and costs. The Family Court Judge ordered husband to reimburse wife approximately $92,000.00 in attorney fees and costs. This result is noteworthy as it is the highest attorney fee award ever granted in Putnam County West Virginia.

Boone County Family Court

Our firm represented the husband in a hotly contested alimony case. Wife fraudulently testified that she was disabled and had never worked outside the home. The Family Court Judge found for wife and awarded her permanent alimony. Mr. Van Bibber appealed the Family Court ruling to the West Virginia Supreme Court. The Supreme Court reversed the Family Court based upon wife’s fraudulent testimony and wife ultimately received no alimony. This case is often cited and followed by other attorneys as a textbook example of how to proceed when you are faced with fraudulent evidence or false testimony.

Past case results for our clients do not necessarily indicate similar results can be obtained for other clients in future cases. Each case is determined on its own merits. We at G. Wayne Van Bibber & Associates use our experience and best efforts to try to put our client’s case in the best possible position to increase the chances of a successful outcome. Some cases, however, present difficult factual and/or legal circumstances which will affect the outcome of the case.