(By Delegates Doyle, Hatfield and Brown)
March 16, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-11-105 of the Code of West
Virginia, 1931, as amended, relating to providing that the
attendance of college by a noncustodial parent may not be used
as grounds to modify a child support order.
Be it enacted by the Legislature of West Virginia:
That §48-11-105 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. SUPPORT OF CHILDREN.
§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: Provided, That a noncustodial parent's attendance at an
institution of higher learning may not be considered a change in
circumstances for purposes of modifying a child support order. A motion for modification of a child support order may be brought by
a custodial parent or any other lawful custodian or guardian of the
child, by a parent or other person obligated to pay child support
for the child or by the Bureau for child support enforcement of the
Department of Health and Human Resources of this state.
(b) The provisions of the order may be modified if there is a
substantial change in circumstances. If application of the
guideline would result in a new order that is more than fifteen
percent different, then the circumstances are considered a
(c) An order that modifies the amount of child support to be
paid shall conform to the support guidelines set forth in article
13-101, et seq., of this chapter unless the court disregards the
guidelines or adjusts the award as provided
for in section 13-702.
(d) The Supreme Court of Appeals shall make available to the
courts a standard form for a petition for modification of an order
for support, which form will allege that the existing order should
be altered or revised because of a loss or change of employment or
other substantial change affecting income or that the amount of
support required to be paid is not within fifteen percent of the
child support guidelines. The clerk of the circuit court and the
secretary-clerk of the family court shall make the forms available
to persons desiring to represent themselves in filing a motion for
modification of the support award.
NOTE: The purpose of this bill is to provide that the
attendance of college by a noncustodial parent may not be used as
grounds to modify a child support order.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would