AN ACT to repeal section thirteen, article one-b, chapter forty- eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections two, three, four, seventeen, nineteen, twenty-six and thirty-one, article one-a of said chapter; to amend and reenact sections two, three, five, six, seven, nine, eleven and twelve, article one-b of said chapter; and to further amend said article by adding thereto a new section, designated section sixteen, all relating to establishing guidelines for child support award amounts; redefining the terms "adjusted gross income", "attributed income", "automatic data processing and retrieval system", "extraordinary medical expenses", "gross income", "shared physical custody" and "unreimbursed health care expenses"; providing for the calculation of child support orders; establishing monthly basic child support obligations through use of a table; providing for a federal child care tax credit; setting forth a worksheet for the computation of child support orders in sole custody cases; providing for the calculation of child support obligations in cases where there is shared physical custody and setting forth a worksheet for the computation of child support orders in cases of shared physical custody; allowing an adjustment when an obligor's social security benefits are sent directly to the child; providing for modification of a child support order if there is a substantial change of circumstances; providing for an allocation of the right to claim dependent children for income tax purposes; and authorizing a circuit court to provide for the investment of child support for future educational and other needs of the child.
§48A-1B-6. Computation of child support order in sole custody cases.
Children | SSN | Date of Birth | Children | SSN | Date of Birth |
PART I. CHILD SUPPORT ORDER | Mother | Father | Combined |
1. MONTHLY GROSS INCOME | $ | $ | |
a. Minus preexisting child support payment |
- | - | |
b. Minus maintenance paid |
- | - | |
2. MONTHLY ADJUSTED GROSS INCOME | $ | $ | $ |
3. PERCENTAGE SHARE OF INCOME (Each parent's income from line 2 divided by Combined Income) | % | % |
100% |
4. BASIC OBLIGATION (Use Line 2 combined to find amount from schedule.) | $ | ||
5. ADJUSTMENTS (Expenses paid directly by each parent)a.Work-Related Child Care Costs Adjusted for Federal Tax Credit (0.75 x actual work-related child care costs.) |
$ |
$ |
|
b. Extraordinary Medical Expenses (Uninsured only) and Children's Portion ofHealth Insurance Premium Costs. |
$ | $ | |
c.Extraordinary Expenses (Agreed to by parents or by order of the court or master.) |
$ | $ | |
d.Minus Extraordinary Adjustments (Agreed to by parents or by order of court or master.) |
|||
e.Total Adjustments (For each column, add 5a, 5b, and 5c. Subtract Line 5d. Add the parent's totals together for Combined amount.) |
$ | $ | $ |
6.TOTAL SUPPORT OBLIGATION (Add line 4 and line 5e Combined.) |
$ | ||
7.EACH PARENT'S SHARE OF THE TOTAL CHILD SUPPORT OBLIGATION (Line 3 x line 6 for each parent.) |
$ | $ | |
8.NONCUSTODIAL PARENT ADJUSTMENT (Enter noncustodial parent's line 5e.) |
$ | $ | |
9.RECOMMENDED CHILD SUPPORT ORDER (Subtract line 8 from line 7 for the noncustodial parent only. Leave custodial parent column blank.) |
$ | $ | |
PART II. ABILITY TO PAY CALCULATION (Complete if the noncustodial parent's adjusted monthly gross income is below $1,400.) | |||
10. Spendable Income (0.85 x line 2 for noncustodial parent only.) | |||
11. Self Support Reserve | $500 | $500 | |
12. Income Available for Support (Line 10 - line 11. If less than $50, then $50) | |||
13. Adjusted Child Support Order (Lessor of Line 9 and Line 12.) |
Comments, calculations, or rebuttals to schedule or adjustments if noncustodial parent directly pays extraordinary expenses. |
|
PREPARED BY:
|
Date: |
Children | SSN | Date of Birth | Children | SSN | Date of Birth |
PART I. BASIC OBLIGATION | Mother | Father | Combined |
1. MONTHLY GROSS INCOME | $ | $ | |
a. Minus preexisting child support payment |
- | - | |
b. Minus maintenance paid |
- | - | |
2. MONTHLY ADJUSTED GROSS INCOME | $ | $ | $ |
3. PERCENTAGE SHARE OF INCOME (Each parent's income from line 2 divided by Combined Income) |
% | % | 100% |
4. BASIC OBLIGATION (Use line 2 Combined to find amount from Child Support Schedule.) | $ | ||
PART II. SHARED CUSTODY ADJUSTMENT | |||
5. Shared Custody Basic Obligation (line 4 x 1.50) | $ | ||
6. Each Parent's Share (Line 5 x each parent's line 3) | $ | $ | |
7. Overnights with Each Parent (must total 365) | 365 | ||
8. Percentage with Each Parent (Line 7 divided by 365) | % | % | 100% |
9. Amount Retained (Line 6 x line 8 for each parent) | $ | $ | |
10. Each Parent's Obligation (Line 6 - line 9) | $ | $ | |
11. AMOUNT TRANSFERRED FOR BASIC OBLIGATION (Subtract smaller amount on line 10 from larger amount on line 10. Parent with larger amount on line 10 owes the other parent the difference. Enter $0 for other parent. | $ | $ | |
PART III. ADJUSTMENTS FOR ADDITIONAL EXPENSES (Expenses paid directly by each parent.) | |||
12a. Work-Related Child Care Costs Adjusted for Federal Tax Credit (0.75 x actual work-related child care costs.) | $ | $ | |
12b. Extraordinary Medical Expenses (Uninsured only) and Children's Portion of Health Insurance Premium Costs. |
$ | $ | |
12c. Extraordinary Additional Expenses (Agreed to by parents or by order of the court or master.) | $ | $ | |
12d. Minus Extraordinary Adjustments (Agreed to by parents or by order of the court or master.) | $ | $ | |
12e. Total Adjustments (For each column, add 11a, 11b, and 11c. Subtract line 11d. Add the parent's totals together for Combined amount.) | $ | $ | $ |
13. Each Parent's Share of Additional Expenses (Line 3 x line 12e Combined.) | $ | $ | |
14. Each parent's Net Share of Additional direct expenses (Each parent's line 13-line 12e. If negative number, enter $0) | $ | $ | |
15. AMOUNT TRANSFERRED FOR ADDITIONAL EXPENSES (Subtract smaller amount on line 14 from larger amount on line 14. Parent with larger amount on line 14 owes the other parent the difference. Enter $0 for other parent. | $ | $ | |
PART IV. RECOMMENDED CHILD SUPPORT ORDER | |||
16. TOTAL AMOUNT TRANSFERRED (Line 11 + line 15) | $ | $ | |
17. RECOMMENDED CHILD SUPPORT ORDER (Subtract smaller amount on line 16 from larger amount on line 16. Parent with larger amount on line 16 owes the other parent the difference. | $ | $ |
Comments, calculations, or rebuttals to schedule or adjustments |
|
PREPARED BY: |
Date: |