West Virginia Code § 48-5-510

Consideration of financial factors in ordering temporary relief
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(a) In ordering temporary relief under the provisions of this part 5, the court shall consider
the financial needs of the parties, the present income of each party from any source, their
income-earning abilities and the respective legal obligations of each party to support himself
or herself and to support any other persons.
(b) Except in extraordinary cases supported by specific findings set forth in the order
granting relief, payments of temporary spousal support and temporary child support are to
be made from a party's income and not from the corpus of a party's separate estate, and an
award of such relief shall not be disproportionate to a party's abuility to pay as disclosed by
the evidence before the court: Provided, That child support shall be established in
accordance with the child support guidelines set forth in artticle 13 of this chapter.

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