Dalton v. Dalton – Case Brief Summary (West Virginia)

In Dalton v. Dalton, 207 W. Va. 551, 560, 534 S.E.2d 747 (2000), the parties were married, had a child, and divorced. The Husband was ordered by the court to pay $ 225 per month in child support.

The parties, however, continued to reside together for approximately eight years. In considering whether the husband met his child support obligation, the court found that cohabitation did not create a "presumption that the obligor has fulfilled his or her support obligations.

Rather, the parties' cohabitation is but one factor in determining whether the obligor former spouse met his or her support obligations. Id. at 560.

The court also stated that the "obligor bears the burden of proving that he or she has made court-ordered support payments." Id.