Background
Steven Thomas and Judith Thomas divorced in 2006. A 2008 amended final divorce order required Wife to pay Husband $40,542 as a marital equalization payment. She did not pay, and the family court later entered contempt orders and, in 2014, a judgment for the unpaid balance plus interest. The outstanding judgment had grown to more than $100,000.
After Wife’s father died in 2022, Wife became entitled to a residuary cash distribution from his estate sufficient to satisfy the judgment. Following an unsuccessful writ of execution, Husband filed a Chapter 38 suggestion on judgment in family court against the Estate in July 2025. The family court concluded it lacked jurisdiction over that collection proceeding, struck the executor’s limited appearance and answer, and Husband appealed.
The Court’s Holding
The Intermediate Court of Appeals affirmed. Family courts are courts of limited statutory jurisdiction and may exercise only authority specifically granted by the Legislature. Nothing in Chapters 38, 48, or 51 of the West Virginia Code gives family courts jurisdiction over suggestions on judgment under West Virginia Code § 38-5-10.
The court rejected Husband’s reliance on the family court’s authority over equitable distribution and property-distribution proceedings. Those provisions did not incorporate Chapter 38’s judgment-collection procedure or authorize the family court to direct the Estate to pay Husband from Wife’s inheritance. Circuit courts have jurisdiction over Chapter 38 matters, but convenience could not expand the family court’s statutory authority.
Key Takeaways
- A West Virginia family court cannot use a Chapter 38 suggestion on judgment to collect on its prior divorce judgment absent express legislative authorization.
- Equitable-distribution jurisdiction does not itself confer general post-judgment collection authority.
- A judgment creditor seeking to reach an estate beneficiary’s distribution through Chapter 38 must proceed in a court with jurisdiction over that remedy.
Why It Matters
The decision draws a firm line between a family court’s power to enter and enforce family-law orders and the separate statutory mechanisms for collecting money judgments. Practitioners pursuing unpaid equitable-distribution judgments should select the proper forum for Chapter 38 remedies, even where the underlying judgment originated in family court.