IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED April 22, 2024 CHRISTOPHER I., ASHLEY N. DEEM, DEPUTY CLERK Respondent Below, Petitioner INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA v.) No. 23-ICA-460 (Fam Ct. Randolph Cnty. No. FC-42-2020-D-99) VERONICA I., Petitioner Below, Respondent MEMORANDUM DECISION Petitioner Christopher I.1 (“Husband”) appeals the Family Court of Randolph County’s September 20, 2023, Order of Reconsideration, which denied his motion for reconsideration of the final divorce decree regarding the separate valuation of timber on real property and modified the final divorce decree by denying him Conrad2 credits for mortgage payments he made on the marital home. Respondent Veronica I. (“Wife”) filed a response in support of the family court’s order.3 Christopher I. filed a reply. This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51- 11-4 (2022). After considering the parties’ arguments, the record on appeal, and the applicable law, this Court finds no substantial question of law and no prejudicial error. For these reasons, a memorandum decision affirming the family court’s order is appropriate under Rule 21 of the Rules of Appellate Procedure. The parties were married in October 2006 and had two children during the marriage. In September 2020, the parties separated, and Wife filed a petition for divorce in the Family Court of Randolph County. Wife sought, among other things, temporary and permanent spousal support. 1 To protect the confidentiality of the juvenile involved in this case, we refer to the parties’ last name by the first initial. See, e.g., W. Va. R. App. P. 40(e); State v. Edward Charles L., 183 W. Va. 641, 645 n.1, 398 S.E.2d 123, 127 n. 1 (1990). 2 Conrad v. Conrad, 216 W.Va. 696, 612 S.E.2d 772 (2005) (discussing a potential credit to a party in divorce proceedings where that party has made payments of marital debt or maintenance on the marital home between the time of separation and the divorce). 3 Christopher I. is represented by Erika Klie Kolenich, Esq. Veronica I. is represented by Jaymie Godwin Wilfong, Esq. 1 At the onset of litigation, Wife remained in the marital home with the parties’ minor children and Husband resided at the parties’ property in Barbour County, West Virginia (“Barbour County Property”). The Barbour County Property was a separate piece of real estate purchased by the parties in August 2020 for $260,000.00. On November 2, 2020, the family court held an initial hearing and on December 29, 2020, the court entered an order awarding Wife temporary spousal support in the amount of $600.00 per month, to be paid by Husband in the form of mortgage payments on the marital home due to Wife’s possession of said home. This order of spousal support remained in effect throughout the entirety of the proceedings. On July 19, 2021, Wife filed a motion to continue litigation, asserting that the Barbour County Property contained valuable timber that needed valuation to properly determine equitable distribution.4 Specifically, Wife asserted that she was having a difficult time …
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