199 W. Va. 609 - Spence v. Spence’s Empirical Analysis
1997
Citation profile
2
cited by 2 later decisions
1
states following
June 2016
most recently cited
2 state decisions
Relationships
Applies 26 U.S.C. § 151 · 26 U.S.C. § 152
Relies on 178 W. Va. 563 - Cross v. Cross · 184 W. Va. 302 - Soriano v. Soriano
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“W.Va. Code, 48A-1B-12 [1997] now requires that the exemption be allocated to the custodial parent, except in cases of shared custody, where the parties have agreed otherwise, or where granting the exemption to the non-custodial parent will result in increased income and child support to the custodial parent. In shared custody cases, the dependent exemption shall be allocated between the parties in proportion to their adjusted gross incomes for child support calculations. In a shared custody situation where allocation would be of no tax benefit to a party, the circuit court or family law master need make no allocation to that party.”
1 later decision quote this exact passagee.g. Eric M. v. Laura M.
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.