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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2003 Term __________ No. 31341 __________ RODNEY D. LUCAS, Plaintiff Below, Appellant v. BRENDA K. LUCAS, Defendant Below, Appellee __________________________________________________ Appeal from the Circuit Court of Kanawha County The Honorable Charles E. King, Jr., Judge Civil Action No. 95-D-2777 AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS __________________________________________________ Submitted: November 18, 2003 Filed: December 5, 2003 George B. Vieweg Shawn D. Bayless Lester, Vieweg & Bayless Charleston, West Virginia Attorney for the Appellant Charles R. Webb Giatras & Webb Charleston, West Virginia Attorney for the Appellee

FILED
December 5, 2003
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

Justice Albright delivered the Opinion of the Court.

SYLLABUS BY THE COURT

1. "In reviewing challenges to findings made by a family law master that also
were adopted by a circuit court, a three-pronged standard of review is applied. Under these circumstances, a final equitable distribution order is reviewed under an abuse of discretion standard; the underlying factual findings are reviewed under a clearly erroneous standard; and questions of law and statutory interpretations are subject to a de novo review." Syl. Pt. 1, Burnside v. Burnside, 194 W. Va. 263, 460 S.E.2d 264 (1995).

2. In reviewing challenges to findings made by a family court judge that also were adopted by a circuit court, a three-pronged standard of review is applied. Under these circumstances, a final equitable distribution order is reviewed under an abuse of discretion standard; the underlying factual findings are reviewed under a clearly erroneous standard; and questions of law and statutory interpretations are subject to a de novo review.

3. "Questions relating to alimony and to the maintenance and custody of the children are within the sound discretion of the court and its action with respect to such matters will not be disturbed on appeal unless it clearly appears that such discretion has been abused." Syllabus, Nichols v. Nichols, 160 W. Va. 514, 236 S.E.2d 36 (1977).

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4. By adopting West Virginia Code

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West Virginia Law