Last updated on 02/22/2024 at 4:34 pm
If you already have a child support order, you can ask the Family Court to increase or decrease the amount of child support if there has been a “substantial change of circumstances” since the last order. To do this you must show the court there is a reason for the change. Here are some reasons why child support could be changed:
Just like when your last child support amount was set, the Family Court will consider the parents’ income and expenses by using the child support formula. For more information about the child support formula read this article. If there is at least a 15% change in the amount of child support (up or down), the Family Court will issue a new order changing the amount of support. For example, if the previous child support amount was $100.00 and the formula now shows that it should be increased to $114.00, the Family Court will not modify the order. If it shows $116.00, the Family Court will change it to that amount.
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Either parent (or other person with legal custody) can ask. You can ask the Family Court for more support. Or you can ask to lower the support amount.
You can ask the West Virginia Bureau for Child Support Enforcement (BCSE) to help you file the paperwork. The BCSE can help both parents with the paperwork. The BCSE attorney does not represent either parent. The BSCE attorney only represents the State of West Virginia. More information can be found here.
Also, you can ask a lawyer to help you or you can file on your own.
Yes. The following forms must be filled out and filed with the Circuit Clerk’s Office:
Instructions for how to fill out the forms can be found on the WV Supreme Court website.
You will need to serve these forms on the other parent. Read this article for more information about service of process.
There will be a hearing in Family Court in front of a Family Court Judge. An attorney for BCSE will also be at the hearing. At the hearing you and the other parent will each have a chance to say why you think support should be changed or left the same. Bring financial information to support what you are asking for, such as your most recent:
You may also bring witnesses who know about the changes. The Family Court will apply the income and expense information to the child support formula. If there is at least a 15% change in the amount of child support (up or down), the Family Court will issue a new order changing the amount of support.
A Petition for Modification can be filed as often as necessary if there is a change of circumstances.
If the Family Court changes the child support amount, the new order generally only goes back to when the Petition for Modification was filed and served on the other side. This means that past due child support amounts can’t be changed. The Family Court can’t change the amount of a child support payment after that payment is due.
So if you are the parent making child support payments and your income decreases, you don’t want to wait a few months before filing your paperwork. You may end up owing a large amount of past due child support you can’t pay.
Even if you are the parent who is getting child support payments and your income decreases, don’t wait to file. You may end up getting an increased child support payment.
To ask the Family Court to look at your paperwork more quickly, you can file a Petition for Expedited Modification. The WV Supreme Court has instructions for a Petition for Expedited Modification. A parent cannot use this petition if the decrease in income is because the parent voluntarily quit his or her job.