Introduced Version House Bill 3064 History

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hb3064 intr
H. B.3064

(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:
§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 substantial change.
(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 be added.
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