184 W. Va. 260 - Gardner v. Gardner’s Empirical Analysis
1990
Citation profile
39 state decisions
Relationships
Applies 42 U.S.C. § 666 (§ 466 of the Social Security Act of 1935) · 42 U.S.C. § 667 (§ 467 of the Social Security Act of 1935)
Relies on 160 W. Va. 514 - Nichols v. Nichols · 177 W. Va. 742 - Goff v. Goff · 181 W. Va. 396 - Holley v. Holley · 178 W. Va. 224 - Lambert v. Miller · 157 W. Va. 967 - Corbin v. Corbin
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘[T]he amount of child support shall be in accordance with the child support guidelines established pursuant to W.Va. Code, 48A-2-8(a) [1989], unless the family law master or the court shall determine, in a written finding or a specific finding on the record, that the application of the guidelines would be either unjust, inappropriate, waived by the parties pursuant to the safeguards outlined in W.Va. Code, 48A-2-8(a)(1) [1989], or contrary to the best interests of the children or the parties.’ Syl. pt. 3, in part, Gardner v. Gardner, 184 W.Va. 260 , 400 S.E.2d 268 (1990).”
6 later decisions quote this exact passage“.“In addition to the factors or circumstances listed for consideration in Lambert v. Miller, 178 W.Va. 224 , 358 S.E.2d 785, 787 (1987), the family law master or circuit court may determine that a substantial change in circumstances has occurred because of a change in the cost of living caused by inflation or increases in the children’s needs because they are older, or unexpected changes affecting basic needs such as housing or transportation.””
3 later decisions quote this exact passage“[t]hat an order providing for child support payments may be revised or altered for the reason, inter alia, that the existing order provides for child support payments in an amount that is less than eighty five percent or more than one hundred fifteen percent of the amount that would be required to be paid under the child support guidelines....”
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.