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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 11. Support of Children

§48-11-101. General Provisions Relating to Child Support

(a) It is one of the purposes of the Legislature in enacting this chapter to improve and facilitate support enforcement efforts in this state, with the primary goal being to establish and enforce reasonable child support orders and thereby improve opportunities for children. It is the intent of the Legislature that to the extent practicable, […]

§48-11-103. Child Support Beyond Age Eighteen

(a) An order for child support shall provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and […]

§48-11-104. Payments Out of Disposable Retired or Retainer Pay

Whenever under the terms of article 5-601, et seq., or article 5-501, et seq., a court enters an order requiring the payment of child support, if the court anticipates the payment of such child support or any portion thereof to be paid out of "disposable retired or retainer pay" as that term is defined in […]

§48-11-105. Modification of Child Support Order

(a) The court may modify a child support order, for the benefit of the child, when a motion is made that alleges a change in the circumstances of a parent or another proper person or persons. A motion for modification of a child support order may be brought by a custodial parent or any other […]

§48-11-106. Expedited Process for Modification

(a) An expedited process for modification of a child support order may be utilized if: (1) Either parent experiences a substantial change of circumstances resulting in a decrease in income due to loss of employment or other involuntary cause;

§48-11-107. Modification Resulting in Reduction and Overpayment of Support

In any proceeding filed after January 1, 2001, where a petition to modify child support is granted which results in a reduction of child support owed so that the obligor has overpaid child support, the court shall grant a decretal judgment to the obligor for the amount of the overpayment. The court shall inquire as […]

§48-11-108. Modification of Support Based on Military Service

(a) If a military parent is called to military service, either parent may file a notice of activation of military service and a request for an expedited modification of a support order pursuant to section one hundred six of this article. In the petition, the parent must cite the basis for modifying the support order […]

§48-11-401. Modification Upon Showing of Changed Circumstances or Harm

§48-11-401. Modification upon showing of changed circumstances or harm. (a) Except as provided in section four hundred two or four hundred three of this article, a court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order […]

§48-11-402. Modification Without Showing of Changed Circumstances

(a) The court shall modify a parenting plan in accordance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child. (b) The court may modify any provisions of the parenting plan without the showing of change circumstances required by subsection (a), […]

§48-11-403. Relocation of a Parent

(a) The relocation of a parent constitutes a substantial change in the circumstances under subsection (a), section four hundred one of this article of the child only when it significantly impairs either parent's ability to exercise responsibilities that the parent has been exercising. (b) Unless otherwise ordered by the court, a parent who has responsibility […]