Judith Thomas v. Steven Thomas

Charleston, West Virginia divorce lawyers represented the Petitioner and Respondent.

The Petitioner, Judith Thomas, appeals the Family Court of Kanawha County's November 7, 2023, order denying her motion to reconsider and vacate its September 27, 2023, final order which found her in contempt. The family court held that Ms. Thomas failed to purge herself from a prior finding of contempt and failed to prove that any newly discovered facts exist which would warrant vacation of the final order. Respondent Steven Thomas responded in favor of the family court's decision.[1] Ms. Thomas 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, both attorneys, were married in 1984 and divorced by an order entered January 11, 2006. They share two grown children. A temporary order was entered on June 13, 2003, which held that both parties were restrained and enjoined from "disposing, alienating, encumbering, or in any manner misappropriating any of the assets of the parties [. . .] until the same can be equitably distributed between the parties." Their final amended divorce order, entered on May 13, 2008, directed the following:



The marital estate shall be equalized by the entry of a Qualified Domestic Relations Order ["QDRO"] granting [Mr. Thomas] an interest in [Ms. Thomas's] Accordia/Wells Fargo pension in the amount of $40,542.24. [Mr. Thomas] or [Mr. Thomas's] counsel shall be responsible for the preparation for entry of the Qualified Domestic Relations Order to which [Ms. Thomas] shall cooperate fully.



Ms. Thomas failed to provide information regarding her retirement account to facilitate the entry of a QDRO as required by the May 13, 2008, final divorce order. Mr. Thomas then filed a motion to show cause and a hearing on his motion was held on May 9, 2012. At that hearing, Ms. Thomas testified that she had withdrawn all monies from her retirement account. Mr. Thomas argued that the June 13, 2003, temporary order restrained and enjoined the parties from disposing of any marital assets. The family court found that Ms. Thomas violated the temporary order by disposing of her retirement account, thereby preventing equitable distribution from being completed. The family court entered judgment in the amount of $40,542.24 against Ms. Thomas and ordered her to produce unredacted tax returns to Mr. Thomas from 2002 through 2011 and all tax distribution statements from her retirement account within thirty days. The final order was entered on May 31, 2012.



Although Ms. Thomas did produce some of the required tax returns, she failed to produce the unredacted tax returns for years 2010 and 2011 and tax distribution statements as ordered by the family court. Thereafter, Mr. Thomas filed a renewed motion to show cause and a hearing was held on March 25, 2013. Shortly prior to the hearing, Ms. Thomas produced a copy of her 2011 tax returns. By order entered April 8, 2013, the family court directed Ms. Thomas to produce the following unredacted documents: (1) documents reflecting all retirement accounts maintained by Ms. Thomas; (2) documents reflecting the deposit of all distributions and loans from all retirement accounts; (3) documents reflecting the expenditure of all funds originating from all retirement accounts; and (4) a copy of her 2010 tax returns with supporting schedules and forms.



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Thomas v. Thomas, 23-ICA-547 (W. Va. ICA Sep 04, 2024)

Affirmed