Senate Bill No. 341
(By Senator Bailey)
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[Introduced January 31, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section five, article one-a, chapter
forty-eight-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to limiting
income to be considered in calculating basic child support
obligation.
Be it enacted by the Legislature of West Virginia:
That section five, article one-a, chapter forty-eight-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1A. DEFINITIONS.
§48A-1A-5. Basic child support obligation.
"Basic child support obligation" means the base amount of child support due by both parents as determined by the table of
basic child support obligations set forth in section three,
article one-b of this chapter, based upon the combined adjusted
gross income of the parents and the number of children to whom
support is due: Provided, That the amount of a parent's gross
income to be considered in arriving at the basic child support
obligation may not exceed one hundred twenty thousand dollars per
year: Provided, however, That effective on the first day of July
of each even-numbered year beginning with the year two thousand,
the maximum amount of income to be considered shall be adjusted
to reflect changes in the cost-of-living index as provided by the
United States department of labor. The basic child support
obligation for an obligor with an income in excess of the income
limit provided in this section shall be the same dollar amount as
for an obligor with an income equal to the limit in effect.
NOTE: The purpose of this bill is to limit to $120,000 the
amount of a parent's adjusted gross income to be considered in
arriving at the basic child support obligation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.