Kirwan v. Kirwan

ALBRIGHT, Justice.

In this case the respondent below, Stephen M. Kirwan (hereinafter “Mr. Kirwan” or “Appellant”), appeals the October 11, 2001, child support modification order of the Circuit Court of Cabell County. Mr. Kirwan contends that the circuit court misinterpreted the provisions of West Virginia Code § 48-l-228(b)(6) (2001) (Repl.Vol.2001) by determining that the applicable period for calculating overtime compensation in the context of a child support modification proceeding is the thirty-six months preceding the filing of the petition for modification. Based upon our review of the…