ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2678
(By Delegates Amores, Doyle, Jenkins and Yeager)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven; and that
sections three and six, article one-b, chapter forty-eight-a
of said code, be amended and reenacted, all relating to
providing for the allocation of custodial and decision-making
responsibility for children; and revising child support
guidelines.
Be it enacted by the Legislature of West Virginia:
That chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article eleven; and that sections
three and six, article one-b chapter forty-eight-a of said code, be
amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 11. ALLOCATION OF CUSTODIAL AND DECISION-MAKING
RESPONSIBILITY FOR CHILDREN.
Part 1. Scope, objectives, definitions, and parties.
§48-11-101. Scope of article.
This article sets forth principles governing the allocation of
custodial and decision-making responsibility for a minor child
when the parents do not live together. The provisions of this
article shall govern with respect to all domestic relations
matters, notwithstanding any conflicting statutory enacted prior to
regular session of the Legislature, one thousand nine hundred
ninety-nine.
§48-11-102. Objectives; best interests of the child defined.
(a) The primary objective of this article is to serve the
child's best interests, by facilitating:
(1) Stability of the child;
(2) Parental planning and agreement about the child's
custodial arrangements and upbringing;
(3) Continuity of existing parent-child attachments;
(4) Meaningful contact between a child and each parent;
(5) Caretaking relationships by adults who love the child,
know how to provide for the child's needs, and who place a high
priority on doing so;
(6) Security from exposure to physical or emotional harm; and
(7) Expeditious, predictable decision-making and avoidance of
prolonged uncertainty respecting arrangements for the child's care
and control.
(b) A secondary objective of article is to achieve fairness
between the parents.
§48-11-103. Parties to an action under this article.
(1) Persons who have a right to be notified of and participate
as a party in an action filed by another are:
(a) A legal parent of the child, as defined in section one
hundred thirty-one, article two of this chapter; or
(b) An adult allocated custodial responsibility or decision- making responsibility under a parenting plan regarding the child
that is then in effect.
(2) In exceptional cases the court may, in its discretion,
grant permission to intervene to other persons or public agencies
whose participation in the proceedings under this article it
determines is likely to serve the child's best interests. The
court may place limitations on participation by the intervening
party as the court determines to be appropriate. Such persons or
public agencies do not have standing to initiate an action under
this article.
Part 2. Parenting plans.
§48-11-201. Parental agreements.
(a) If the parents agree to one or more provisions of a
parenting plan, the court should so order, unless it makes specific
findings that:
(1) The agreement is not knowing or voluntary, or
(2) The plan would be harmful to the child.
(b) The court, at its discretion and on any basis it deems
sufficient, may conduct an evidentiary hearing to determine whether
there is a factual basis for a findings under subdivision (1) or (2), subsection (a) of this section. When there is credible
information that child abuse as defined by section three, article
one, chapter forty-nine of this code or domestic abuse as defined
by section one hundred twenty-one, article two of this chapter has
occurred, a hearing is mandatory and if the court determines that
abuse has occurred, appropriate protective measures should be
ordered.
(c) If an agreement, in whole or in part, is not accepted by
the court under the standards set forth in subsection (a) of this
section, the court should allow the parents the opportunity to
negotiate another agreement.
§48-11-202. Court ordered services. [2.08]
(a) (1) The court shall inform the parents, or require them to
be informed, about:
(A) How to prepare a parenting plan;
(B) The impact of family dissolution on children and how the
needs of children facing family dissolution can best be addressed;
(C) The impact of domestic abuse on children, and resources
for addressing domestic abuse; and
(D) Mediation or other nonjudicial procedures designed to help
them achieve an agreement.
(2) The court shall require the parents to attend parental
education classes.
(3) If parents are unable to resolve issues and agree to a
parenting plan, the court shall require mediation.
(b) The court should not order services under subsection (a) of this section that require a parent to have face-to-face meetings
with the other parent.
(c) A mediator should not conduct a mediation, even by
parental agreement, without first screening for domestic abuse. If
credible evidence thereof exists, the mediator should take steps:
(1) To ensure the voluntary consent of the victim of the abuse
to participate in the mediation, and to any agreement reached as a
result of the mediation; and
(2) To protect the safety of the victim.
(d) A mediator should not make a recommendation to the court
and may not reveal information that either parent has disclosed
during mediation under a reasonable expectation of confidentiality
except, upon questioning by the court, if relevant to fact-finding
under section two hundred one of this article.
(e) Services authorized under subsection (a) of this section
should be ordered at a cost that is reasonable in light of the
financial circumstances of each parent. Where one parent's ability
to pay for such services is significantly greater than the other,
the court may order that parent to pay some or all of the expenses
of the other.
§48-11-203. Proposed temporary parenting plan; temporary order;
amendment; vacation of order.
(a) A parent seeking a temporary order relating to parenting
shall file and serve a proposed temporary parenting plan by motion.
The other parent, if contesting the proposed temporary parenting
plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan
entered as part of a temporary order. The parents may enter an
agreed temporary parenting plan at any time as part of a temporary
order. The proposed temporary parenting plan may be supported by
relevant evidence and shall be accompanied by an affidavit or
declaration which shall state at a minimum the following:
(1) The name, address, and length of residence with the person
or persons with whom the child has lived for the preceding twelve
months;
(2) The performance by each parent during the last twelve
months of the parenting functions relating to the daily needs of
the child;
(3) The parents' work and child-care schedules for the
preceding twelve months;
(4) The parents' current work and child-care schedules; and
(5) Any of the circumstances set forth in section two hundred
nine of this article that are likely to pose a serious risk to the
child and that warrant limitation on the award to a parent of
temporary residence or time with the child pending entry of a
permanent parenting plan.
(b) At the hearing, the court shall enter a temporary
parenting order incorporating a temporary parenting plan which
includes:
(1) A schedule for the child's time with each parent when
appropriate;
(2) Designation of a temporary residence for the child;
(3) Allocation of decision-making authority, if any. Absent
allocation of decision-making authority consistent with section two
hundred seven of this article, neither party shall make any
decision for the child other than those relating to day-to-day or
emergency care of the child, which shall be made by the party who
is present with the child;
(4) Provisions for temporary support for the child; and
(5) Restraining orders, if applicable.
(c) A parent may make a motion for an order to show cause and
the court may enter a temporary order, including a temporary
parenting plan, upon a showing of necessity.
(d) A parent may move for amendment of a temporary parenting
plan, and the court may order amendment to the temporary parenting
plan, if the amendment conforms to the limitations of section two
hundred nine of this article and is in the best interest of the
child.
(e) If a proceeding for divorce, separate maintenance, or
annulment, any temporary order or temporary parenting plan is
vacated.
§48-11-204. Criteria for temporary parenting plan.
(a) After considering the affidavit required by section two
hundred three of this article and other relevant evidence
presented, the court shall make a temporary parenting plan that is
in the best interest of the child. In making this determination,
the court shall give particular consideration to:
(1) Which parent has taken greater responsibility during the last twelve months for performing caretaking functions relating to
the daily needs of the child; and
(2) Which parenting arrangements will cause the least
disruption to the child's emotional stability while the action is
pending.
(b) The court shall also consider the factors used to
determine residential provisions in the permanent parenting plan.
§48-11-205. Permanent parenting plan.
(a) A party seeking a judicial allocation of custodial
responsibility or decision-making responsibility under this article
should file a proposed parenting plan with the court. Parties may
file a joint plan. A plan should be supported by an affidavit
containing, to the extent known or reasonably discoverable by the
filing party or parties:
(1) The name, address, and length of residence of any adults
with whom the child has lived for one year or more, or in the case
of a child less than one year old, any adults with whom the child
has lived since the child's birth;
(2) The name and address of each of the child's parents and
any other individuals with standing to participate in the action
under section one hundred three of this article;
(3) A description of the allocation of caretaking and other
parenting responsibilities performed by each person named in
subdivisions (1) and (2) of this subsection during the twenty-four
months preceding the filing of an action under this article;
(4) A description of the work and child-care schedules of any person seeking an allocation of custodial responsibility, and any
expected changes to these schedules in the near future;
(5) A description of the child's school and extracurricular
activities;
(6) A description of any of the limiting factors as described
in two hundred nine of this article that are present, including any
restraining orders against either parent to prevent domestic or
family violence, by case number and jurisdiction;
(7) Required financial information; and
(8) A description of the known areas of agreement and
disagreement with any other parenting plan submitted in the case.
The court should maintain the confidentiality of any
information required to be filed under this section when the person
giving that information has a reasonable fear of domestic abuse and
disclosure of the information would increase that fear.
(b) The court should develop a process to identify cases in
which there is credible information that child abuse or neglect, as
defined in section three, article one, chapter forty-nine of this
code, or domestic or family violence as defined in section one
hundred twenty-one, article two of this chapter has occurred. The
process should include assistance for possible victims of domestic
abuse in complying with subdivision (6), subsection (a) of this
section, and referral to appropriate resources for safe shelter,
counseling, safety planning, information regarding the potential
impact of domestic abuse on children, and information regarding
civil and criminal remedies for domestic abuse. The process should also include a system for ensuring that jointly submitted parenting
plans that are filed in cases in which there is credible
information that child abuse or domestic abuse has occurred receive
the court review that is mandated by subdivision (b), section two
hundred one of this article.
(c) Upon motion of a party and after consideration of the
evidence, the court should order a parenting plan consistent with
the provisions of section two hundred six through two hundred nine
of this article, containing:
(1) A provision for the child's living arrangements and each
parent's custodial responsibility, which should include either:
(A) A custodial schedule that designates in which parent's
home each minor child will reside on given days of the year; or
(B) A formula or method for determining such a schedule in
sufficient detail that, if necessary, the schedule can be enforced
in subsequent proceedings by the court;
(2) An allocation of decision-making responsibility as to
significant matters reasonably likely to arise with respect to the
child; and
(3) A provision consistent with section two hundred two of
this article for resolution of disputes that arise under the plan,
and for remedies of violations of the plan.
(d) A parenting plan may, at the court's discretion, contain
provisions that address matters that are expected to arise in the
event of a party's relocation, or provide for future modifications
in the parenting plan if specified contingencies occur.
(e) The court may order a temporary allocation of custodial
responsibility or decisionmaking responsibility as the court
determines is in the child's best interests, considering the
factors in section two hundred six and two hundred seven of this
article. Such an order ordinarily should not preclude access to
the child by a parent who has been exercising a reasonable share of
parenting functions. Upon credible evidence of one or more of the
circumstances set forth in subsection (a) section two hundred nine
of this article, the court shall issue a temporary order limiting
or denying access to the child as required by that section, in
order to protect the child or the other party, pending adjudication
of the underlying facts.
(f) Expedited procedures should be instituted to facilitate
the prompt issuance of a parenting plan.
§48-11-206. Allocation of custodial responsibility.
(a) Unless otherwise resolved by agreement of the parents
under section two hundred one of this article or unless manifestly
harmful to the child, the court should allocate custodial
responsibility so that the proportion of custodial time the child
spends with each parent approximates the proportion of time each
parent spent performing caretaking functions for the child prior to
the parents' separation or, if the parents never lived together,
before the filing of the action, except to the extent required
under section two hundred nine of this article or necessary to
achieve any of the following objectives:
(1) To permit the child to have a relationship with each parent who has performed a reasonable share of parenting functions;
(2) To accommodate the firm and reasonable preferences of a
child who is fourteen years of age or older, and with regard to a
child under fourteen years of age, but sufficiently matured that he
or she can intelligently express a voluntary preference for one
parent, to give that preference such weight as circumstances
warrant;
(3) To keep siblings together when the court finds that doing
so is necessary to their welfare;
(4) To protect the child's welfare when, under an otherwise
appropriate allocation, the child would be harmed because of a
gross disparity in the quality of the emotional attachments between
each parent and the child or in each parent's demonstrated ability
or availability to meet a child's needs;
(5) To take into account any prior agreement of the parents
that, under the circumstances as a whole including the reasonable
expectations of the parents in the interest of the child, would be
appropriate to consider;
(6) To avoid an allocation of custodial responsibility that
would be extremely impractical or that would interfere
substantially with the child's need for stability in light of
economic, physical, or other circumstances, including the distance
between the parents' residences, the cost and difficulty of
transporting the child, the parents' and child's daily schedules,
and the ability of the parents to cooperate in the arrangement; and
(7) To apply the principles set forth in subsection (d), section four hundred three of this article(d) if one parent
relocates or proposes to relocate at a distance that will impair
the ability of a parent to exercise the amount of custodial
responsibility that would otherwise be ordered under this section.
(b) In determining the proportion of care taking functions
each parent previously performed for the child under subsection (a)
of this section, the court should not consider the divisions of
functions arising from temporary arrangements after separation,
whether those arrangements are consensual or by court order. The
court may take into account information relating to the temporary
arrangements in determining other issues under this section.
(c) If the court is unable to allocate custodial
responsibility under subsection (a) of this section because the
allocation under that subsection would be manifestly harmful to the
child, or because there is no history of past performance of
caretaking functions, as in the case of a newborn, or because the
history does not establish a pattern of caretaking sufficiently
dispositive of the issues of the case, the court should allocate
custodial responsibility based on the child's best interest, taking
into account the factors in considerations that are set forth in
this section and in section two hundred nine and subsection (d),
section four hundred three and preserving to the extent possible
this section's priority on the share of past caretaking functions
each parent performed.
(d) In determining how to schedule the custodial time
allocated to each parent, the court should take account of the economic, physical, and other practical circumstances such as those
listed in subdivision six, subsection (a) of this section.
§48-11-207. Allocation of significant decision-making
responsibility.
(a) Unless otherwise resolved by agreement of the parents
under section two hundred one of this article, the court should
allocate responsibility for making significant life decisions on
behalf of the child, including the child's education and health
care, to one parent or to two parents jointly, in accordance with
the child's best interest, in light of:
(1) The allocation of custodial responsibility under section
two hundred six of this article;
(2) The level of each parent's participation in past decision- making on behalf of the child;
(3) The wishes of the parents;
(4) The level of ability and cooperation the parents have
demonstrated in decision-making on behalf of the child;
(5) Prior agreements of the parties; and
(6) The existence of any limiting factors, as set forth in
section two hundred nine of this article.
(b) If each of the child's legal parents has been exercising
a reasonable share of parenting functions for the child, the court
should presume that an allocation of decision-making responsibility
to both parents jointly is in the child's best interests. The
presumption is overcome if there is a history of domestic abuse, or
by a showing that joint allocation of decision-making responsibility is not in the child's best interest.
(c) Unless otherwise provided or agreed by the parents, each
parent who is exercising custodial responsibility should be given
sole responsibility for day-to-day decisions for the child, while
the child is in that parent's care and control, including emergency
decisions affecting the health and safety of the child.
(d) Even if a legal parent is not allocated decision-making
responsibility under this section, a legal parent should have
access to school and health-care records concerning the child to
which legal parents have access by other law, except insofar as
access is not in the child's best interests or where the provision
of such information might endanger a parent who has been the victim
of domestic abuse.
§48-11-208. Criteria for parenting plan; dispute resolution.
(a) If provisions for resolving parental disputes are not
ordered by the court pursuant to parental agreement under section
two hundred one of this article, the portion order method of
resolving disputes that serves a child's best interest in light of:
(1) The parents' wishes and the stability of the child;
(2) Circumstances, including but not limited to financial
circumstances, that may affect the parents ability to participate
in a prescribed dispute resolution process; and
(3) The existence of any limiting factor, as set forth in
section two hundred nine of this article.
(b) The court may order a non-judicial process of dispute
resolution, by designating with particularity the person or agency to conduct the process or the method for selecting such a person or
agency. The disposition of a dispute through a non-judicial method
of dispute resolution that has been ordered by the court without
prior parental agreement is subject to de novo judicial review. If
the parents have agreed in a parenting plan or by agreement
thereafter to a binding resolution of their dispute by non-judicial
means, a decision by such means is binding upon the parents and
must be enforced by the court, unless it is shown to be manifestly
harmful to the child's interests, beyond the scope of the parents'
agreement, or the result of fraud, misconduct, corruption, or other
serious irregularity.
(c) This section is subject to the limitations imposed by
section two hundred two of this article.
§48-11-209. Parenting plan; limiting factors.
(a) If either of the parents so requests, or upon receipt of
credible information thereof, the court should determine whether a
parent who would otherwise be allocated responsibility under a
parenting plan:
(1) Has abused, neglected, or abandoned a child, as defined by
state law;
(2) Has inflicted domestic violence, as defined in section one
hundred twenty-one, article two of this chapter;
(3) Has interfered persistently with the other parent's access
to the child, except in the case of actions taken for the purpose
of protecting the safety of the child or the interfering parent or
another family member, pending adjudication of the facts underlying that belief.
(b) If a parent is found to have engaged in any activity
specified by subsection (a) of this section, the court should
impose limits that are reasonably calculated to protect the child
or child's parent from harm. The limitations that the court should
consider include but are not limited to:
(1) An adjustment of the custodial responsibility of the
parents, including the allocation of exclusive custodial
responsibility to one of them;
(2) Supervision of the custodial time between a parent and the
child;
(3) Exchange of the child between parents through an
intermediary, or in a protected setting;
(4) Restraints on the parent from communication with or
proximity to the other parent or the child;
(5) A requirement that the parent abstain from possession or
consumption of alcohol or non-prescribed drugs while exercising
custodial responsibility and in the twenty-four hour period
immediately preceding such exercise;
(6) Denial of overnight custodial responsibility;
(7) Restrictions on the presence of specific persons while the
parent is with the child;
(8) A requirement that the parent post a bond to secure return
of the child following a period in which the parent is exercising
custodial responsibility or to secure other performance required by
the court;
(9) A requirement that the parent complete a program of
intervention for perpetrators of domestic violence, for drug or
alcohol abuse, or program designed to correct another factor; or
(10) Any other constraints or conditions that the court deems
necessary to provide for the safety of the child, a child's parent,
or any person whose safety immediately affects the child's welfare.
(c) If a parent is found to have engaged in any activity
specified in subsection (a) of this section, the court may not
allocate custodial responsibility or decision-making responsibility
to that parent without making special written findings that the
child and other parent can be adequately protected from harm by
such limits as it may impose under subsection (b) of this section.
The parent found to have engaged in the behavior specified in
subsection (a) of this section has the burden of proving that an
allocation of custodial responsibility or decision-making
responsibility to that parent will not endanger the child or the
other parent.
Part 3. Fact finding.
§48-11-301. Court-ordered investigation.
(a) In its discretion, the court may order a written
investigation and report to assist it in determining any issue
relevant to proceedings under this article. The investigation
and report may be made by the guardian ad litem, the staff of the
juvenile court, or other professional social service organization
experienced in counseling children and families. The court should
specify the scope of the investigation or evaluation and the authority of the investigator.
(b) In preparing the report concerning a child, the
investigator may consult any person who may have information
about the child and the potential parenting or custodian
arrangements. Upon order of the court, the investigator may
refer the child to professional personnel for diagnosis. The
investigator may consult with and obtain information from
medical, psychiatric, or other expert persons who have served the
child in the past without obtaining the consent of the parent or
the child's custodian; but the child's consent must be obtained
if the child has reached the age of twelve, unless the court
finds that the child lacks mental capacity to consent. If the
requirements of subsection (c) of this section are fulfilled, the
investigator's report may be received in evidence at the hearing.
(c) The investigator shall mail the investigator's report to
counsel and to any party not represented by counsel at least ten
days prior to the hearing unless a shorter time is ordered by the
court for good cause shown. The investigator shall make
available to counsel and to any party not represented by counsel
the investigator's file of underlying data and reports, complete
texts of diagnostic reports made to the investigator pursuant to
the provisions of subsection (b) of this section, and the names
and addresses of all persons whom the investigator has consulted.
Any party to the proceeding may call the investigator and any
person whom the investigator has consulted for cross-examination.
A party may not waive the right of cross-examination prior to the hearing.
§48-11-302. Appointment of guardian.
(a) In its discretion, the court may appoint a guardian ad
litem to represent the child's best interests. The court should
specify the terms of the appointment, including the guardian's
role, duties, and scope of authority.
(b) In its discretion, the court may appoint a lawyer to
represent the child, if the child is competent to direct the
terms of the representation and court has a reasonable basis for
finding that the appointment would be helpful in resolving the
issues of the case. The court should specify the terms of the
appointment, including the lawyer's role, duties, and scope of
authority.
(c) When substantial allegations of domestic abuse have been
made, the court should order an investigation under section three
hundred one of this article or make an appointment under
subsection (a) or (b) of this section, unless the court is
satisfied that the information necessary to evaluate the
allegations will be adequately presented to the court without
such an order or appointment.
(d) Subject to whatever restrictions the court may impose or
that may be imposed by the attorney-client privilege or by
subsection (d), section two hundred two of this article, the
court may require the child or parent to provide information to
an individual or agency appointed by the court under section
three hundred one of this article or subsection (a) or (b) of this section, and it may require any person having information
about the child or parent to provide that information, even if
the information is otherwise protected by law and even in the
absence of consent by parent or by the child.
(e) The investigator who submits a report or evidence to the
court that has been requested under section three hundred one of
this article and a guardian ad litem appointed under subsection
(a) of this section who submits information or recommendations to
the court are subject to cross-examination by the parties. A
lawyer appointed under subsection (b) may not be a witness in the
proceedings, except as allowed under standards applicable in
other civil proceedings.
(f) Services and tests ordered under this section should be
ordered only if at no cost to the individuals involved, or at a
cost that is reasonable in light of the available financial
resources.
§48-10-303. Interview of the child by the court.
The court, in its discretion, may interview the child in
chambers or direct another person to interview the child, in
order to obtain information relating to the issues of the case.
Counsel for a parent or for the child should be permitted to
submit questions to the court that may be asked of the child if
the court approves. A transcript, videotape, or other reliable
means of recording the complete interview shall be made part of
the record of the proceedings, and should be confidential except
for purposes of appeal of the court's order.
Part 4. Modification of parenting plan.
§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 should 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 and were not
anticipated therein, that a substantial change has occurred in
the circumstances of the child or of one or both parents and a
modification is necessary to serve the best interests of the
child.
(b) In exceptional circumstances, a court may modify a
parenting plan if it finds that the plan is not working as
contemplated and in some specific way is manifestly harmful to
the child, even if a substantial change of circumstances has not
occurred.
(c) Unless the parents have agreed otherwise, the following
circumstances do not justify a significant modification of a
parenting plan except where harm to the child is shown:
(1) Circumstances resulting in an involuntary loss of
income, by loss of employment or otherwise, affecting the parents
economic status;
(2) A parent's remarriage or cohabitation; and
(3) Choice of reasonable caretaking arrangements for the
child by a legal parent, including the child's placement in day
care.
(d) For purposes of subsection (a) of this section, the
occurrence or worsening of a limiting factor, as defined in
subsection (a), section two hundred nine of this article, after a
parenting plan has been ordered by the court, constitutes a
substantial change of circumstances and measures should be
ordered pursuant to section two hundred nine of this article to
protect the child or the child's parent.
§48-11-402. Modification without showing of changed
circumstances.
(a) The court should modify a parenting plan in accordance
with a parental 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), section four hundred one of this article if the
modification is in the child's best interests, and the
modification:
(1) Reflects the de facto arrangements under which the child
has been receiving care from the petitioner, without objection,
in substantial deviation from the parenting plan, for the
preceding six months before the petition for modification is
filed, provided the arrangement is not the result of a parent's
acquiescence resulting from the other parent's domestic abuse;
(2) Constitutes a minor modification in the plan; or
(3) Is necessary to accommodate the reasonable and firm preferences of a child who has attained the age of fourteen.
§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 under a parenting plan who changes, or intends to
change, residences for more than 90 days must give a minimum of
60 days advance notice, or the most notice practicable under the
circumstances, to any other parent with responsibility under the
same parenting plan, notice should include:
(1) The relocation date;
(2) The address of the intended new residence;
(3) The specific reasons for the proposed relocation, and
(4) A proposal for how custodial responsibility should be
modified, in light of the intended move.
Failure to comply with the notice requirements of this
section without good cause may be a factor in the determination
of whether the relocation is in good faith under subsection (d)
of this section, and is a basis for an award of reasonable
expenses and reasonable attorneys fees to another parent that are
attributable to such failure.
(c) When changed circumstances are shown under subsection
(a) of this section, the court should, if practical, revise the parenting plan so as to both accommodate the relocation and
maintain the same proportion of custodial responsibility being
exercise by each of the parents.
(d) When the relocation constituting changed circumstances
under subsection (a) renders it impractical to maintain the same
proportion of custodial responsibility as that being exercise by
each parent, the court should modify the parenting plan in
accordance with the child's best interests, as defined in
sections two hundred six and two hundred seven, and in accordance
with the following principles:
(1) A parent who has been exercising a significant majority
of the custodial responsibility for the child should be allowed
to relocate with the child so long as that parent shows that the
relocation is in good faith for legitimate purpose and to a
location that is reasonable in light of the purpose. The
proportion of custodial responsibility that constitutes a
significant majority of custodial responsibility should be
established to the role of statewide application. A relocation
is for a legitimate purpose if it is to the close to significant
family or other support networks, for significant health reasons,
to protect the safety of the child or another member of the
child's house sold from significant risk of harm, to pursue a
significant employment or educational opportunity, or to be with
one's spouse who is established, or who is pursuing a significant
employment or educational opportunity, in another location. The
relocating parent has the burden of proving of the legitimacy of any other purpose. A move with illegitimate purpose is
reasonable unless his purpose to shown to be substantially
achievable without moving, or by moving to location that is
substantially less disruptive of the other parent's relationship
to the child.
(2) If a relocation of the parent is in good faith for
legitimate purpose and to location that is reasonable in light of
the purpose, and if neither has been exercising a significant
majority of custodial responsibility for the child, the court
should reallocate custodial responsibility based on the best
interest of the child, taking into account all relevant factors
including the effects of the relocation on the child.
(3) If a parent does not establish that the purpose for that
parent's relocation is in good faith for a legitimate purpose
into a location that is reasonable in light of the purpose, the
court may modify the parenting plan in accordance with the
child's best interests and the effects of the relocation on the
child. Among the modifications the court may consider is a
reallocation of primary custodial responsibility, effective if
and when the relocation occurs, but such a reallocation should
not be ordered if the relocating parent demonstrates that the
child's best interests would be served by the relocation.
(4) The court should attempt to minimize impairment to a
parent-child relationship caused by a parent's relocation through
alternative arrangements for the exercise of custodial
responsibility appropriate to the parents' resources and circumstances and the developmental level of the child.
§48-11-404. Effect of enactment .
The enactment of this article ten through the passage of SB
692 during the regular session of the Legislature, one thousand
nine hundred ninety-nine, is prospective in operation: Provided,
That persons who are parties under an existing child custody
order may move for a modification of the order if the motion for
modification is made before the thirtieth day of June, two
thousand.
Part 5. Enforcement of parenting plans.
§48-11-501. Enforcement of parenting plans.
(a) If, upon a parental complaint, the court finds a parent
intentionally and without good cause violated a provision of the
court-ordered parenting plan, it should enforce the remedy
specified in the plan or, if no remedies are specified or they
are clearly inadequate, it should find the plan has been violated
and order an appropriate remedy, which may include:
(1) In the case of interference with the exercise of
custodial responsibility for a child by the other parent,
substitute time for that parent to make up for time missed with
the child;
(2) In the case of missed time by a parent, costs in
recognition of lost opportunities by the other parent, in child
care costs and other reasonable expenses in connection with the
missed time;
(3) A modification of the plan, if the requirements for a modification are met under sections four hundred one, four
hundred two or four hundred three of this article;
(4) An order that the parent who violated the plan obtain
appropriate counseling;
(5) A civil fine, in an amount that increases with each
violation as established by a uniform rule of statewide
application, to be paid to the nonviolating parent or, if both
parents have violated the parenting plan, to the court;
(6) Court costs, reasonable attorney's fees, and any other
reasonable expenses in enforcing the plan, and
(7) Any other appropriate remedy.
(b) Except as provided in a jointly submitted plan that has
been ordered by the court, obligations established in a parenting
plan are independent obligations, and it is not a defense to an
action under this section by one parent that the other parent
failed to meet obligations under a parenting plan or child
support order.
(c) An agreement between the parents to depart from the
parenting plan can be a defense to a claim that the plan has been
violated, even though the agreement was not made part of a court
order, but only as to acts or omissions consistent with the
agreement that occur before the agreement is disaffirmed by
either parent.
Part 6. Miscellaneous provisions.
§48-11-601. Access to a child's records.
(a) (1) Each parent has full and equal access to a child's educational records absent a court order to the contrary.
Neither parent may veto the access requested by the other parent.
Educational records are limited to academic, attendance, and
disciplinary records of public and private schools in all grades
kindergarten through twelve and any form of alternative school.
(2) Each parent has a right to arrange appointments for
parent-teacher conferences absent a court order to the contrary.
Neither parent can be compelled against their will to exercise
this right by attending conferences jointly with the other
parent.
(b) (1) Each parent has full and equal access to a child's
medical records absent a court order to the contrary. Neither
parent may veto the access requested by the other parent. If
necessary, either parent is required to authorize medical
providers to release to the other parent copies of any and all
information concerning medical care provided to the child which
would otherwise be properly released to either parent.
(2) If the child is in the actual physical custody of one
parent, that parent is required to promptly inform the other
parent of any illness of the child which requires medical
attention.
(3) Each parent is required to consult with the other parent
prior to any elective surgery being performed on the child; and
in the event emergency medical procedures are undertaken for the
child which require the parental consent of either parent, if
time permits, the other parent shall be consulted, or if time does not permit such consultation, the other parent shall be
promptly informed of the emergency medical procedures:
Provided,
That nothing contained herein alters or amends the law of this
state as it otherwise pertains to physicians or health care
facilities obtaining parental consent prior to providing medical
care or performing medical procedures.
(c) Each parent has full and equal access to a child's
juvenile court records, process and pleadings, absent a court
order to the contrary. Neither parent may veto any access
requested by the other parent. Juvenile court records are
limited to those records which are normally available to a parent
of a child who is a subject of the juvenile justice system.
§48-11-602. Designation of custody for the purpose of other
state and federal statutes.
Solely for the purposes of all other state and federal
statutes which require a designation or determination of custody,
a parenting plan shall designate the parent with whom the child
is scheduled to reside the majority of the time as the custodian
of the child. However, this designation shall not affect either
parent's rights and responsibilities under a parenting plan. In
the absence of such as designation, the parent with whom the
child is scheduled to reside the majority of the time shall be
deemed to be the custodian of the child for the purposes of such
federal and state statutes.
CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.
ARTICLE 13. CHILD SUPPORT.
Part 1. Child support guidelines.
§48A-1B-3. Basic child support obligation.
(a) The basic child support obligation is determined from
the following table of monthly basic child support obligations:
14891645178319087750887127714961653179219177800891128315031661180019267850895128915101669180919357900899129515171676181719447950903130015241684182619548000907130615311692183419638050911131215381700184319728100915131815451708185119818150919132415531716186019908200923133015601723186819998250927133615671731187720088300931134215741739188520178350935134815811747189420268400939135315881755190220358450943135915951763191120448500947136516021770191920538550951137116091778192820628600954137716161786193620728650958138316231794194420818700962138916301802195320908750966139516381809196120998800970140116451817197021088850974140616521825197821178900978141216591833198721268950982141816661840199521359000985142316721847200221429050989142816781854201021509100992143316841861201721589150996143816901867202421669200999144316961874203221749250100314481702188120392182930010061453170818882046218993501010145817141894205321979400101314631720190120612205945010161469172719082068221395001020147417331915207522219550102314791739192120832228960010271484174519282090223696501030148917511935209722449700103414941757194221052252975010371499176319482112226098001041150417691955211922689850104415091775196221272275990010471514178119692134228399501051151917881975214122911000010541524179419822148229910050105815291800198921562307101001061153418061995216323151015010651539181220022170232210200106815451818200921782330102501072155018242016218523381030010751555183020222192234610350107815601836202922002354104001082156518422036220723611045010861570184920432215237010500108915761855205022222378105501093158118612057223023861060010971586186820642237239410650110115921874207122452402107001104159718802078225224101075011081602188720852260241810800111216081893209222682426108501115161318992099227524341090011191619190621062283244310950112316241912211322902451110001127162919182120229824591105011301635192521272306246711100113416401931213423132475111501138164519372141232124831120011421651194421482328249111250114516561950215523362499113001149166219562162234325071135011531667196321692351251611400115616721969217623592524114501160167819752183236625321150011631682198121892373253911550116716871987219623802547116001170169219932202238725541165011741697199922082394256111700117717022004221524012569117501180170720102221240825761180011841712201622282415258411850118717172022223424222591119001191172220272240242825981195011931725203122452433260412000119517292035224924382609120501198173220392254244326141210012001735204322582448261912150120217392047226224522624122001205174220512267245726291225012071746205522712462263412300121017492059227624672640123501212175220632280247226451240012141756206722852476265012450121717592071228924812655125001219176320752293248626601255012211766207922982491266512600122417702083230224962670126501226177320882307250026751270012281776209223112505268112750123117802096231625102686128001233178321002320251526911285012361787210423242520269612900123817902108232925242701129501240179321122333252927061300012431797211623382534271113050124518002120234225392717131001247180421242347254427221315012501807212823512548272713200125218112132235525532732132501255181421362360255827371330012571817214023642563274213350125918212144236925682747134001262182421482373257227531345012641828215223782577275813500126618312156238225822763135501269183421602386258727681360012711838216423912592277313650127418412168239525962778137001276184521722400260127831375012781848217624042606278913800128118522180240926112794138501283185521842413261627991390012851858218824172620280413950128818622192242226252809140001290186521962426263028141405012921869220024312635281914100129518722204243526402824141501297187522082440264528301420013001879221224442649283514250130218822216244826542840143001304188622202453265928451435013071889222424572664285014400130918932228246226692855144501311189622322466267328601450013141899223624712678286614550131619032240247526832871146001319190622442479268828761465013211910224824842693288114700132319132252248826972886147501326191622562493270228911480013281920226024972707289614850133019232264250227122902149001333192722682506271729071495013351930227225102721291215000133819342276251527262917
West Virginia
Monthly Basic Child Support Obligations
|
COMBINED
|
|
GROSS
|
ONE
|
TWO
|
THREE
|
FOUR
|
FIVE
|
SIX
|
MONTHLY
|
CHILD
|
CHILDREN
|
CHILDREN
|
CHILDREN
|
CHILDREN
|
CHILDREN
|
INCOME
|
|
|
|
|
|
|
550
|
127
|
185
|
219
|
242
|
263
|
281
|
600
|
137
|
200
|
237
|
262
|
284
|
304
|
650
|
147
|
214
|
253
|
280
|
303
|
325
|
700
|
156
|
227
|
268
|
296
|
321
|
344
|
750
|
163
|
238
|
282
|
311
|
337
|
361
|
800
|
171
|
249
|
295
|
326
|
353
|
378
|
850
|
179
|
261
|
309
|
341
|
370
|
395
|
900
|
188
|
273
|
323
|
357
|
387
|
414
|
950
|
197
|
286
|
338
|
374
|
405
|
433
|
1000
|
205
|
299
|
353
|
390
|
423
|
452
|
1050
|
214
|
311
|
368
|
406
|
440
|
471
|
1100
|
223
|
324
|
382
|
423
|
458
|
490
|
1150
|
231
|
336
|
397
|
439
|
476
|
509
|
1200
|
240
|
349
|
412
|
455
|
493
|
528
|
1250
|
248
|
361
|
426
|
471
|
511
|
547
|
1300
|
257
|
373
|
441
|
487
|
528
|
565
|
1350
|
265
|
386
|
456
|
503
|
546
|
584
|
1400
|
274
|
398
|
470
|
519
|
563
|
602
|
1450
|
282
|
410
|
484
|
534
|
579
|
620
|
1500
|
291
|
422
|
498
|
550
|
596
|
638
|
1550
|
299
|
434
|
512
|
565
|
613
|
656
|
1600
|
307
|
446
|
526
|
581
|
630
|
674
|
1650
|
316
|
458
|
540
|
596
|
646
|
692
|
1700
|
324
|
470
|
554
|
612
|
663
|
709
|
1750
|
332
|
482
|
568
|
627
|
680
|
727
|
1800
|
341
|
494
|
581
|
643
|
697
|
745
|
1850
|
349
|
506
|
595
|
658
|
713
|
763
|
1900
|
357
|
517
|
609
|
673
|
730
|
781
|
1950
|
366
|
529
|
623
|
689
|
747
|
799
|
2000
|
373
|
540
|
636
|
703
|
762
|
816
|
2050
|
381
|
551
|
649
|
717
|
778
|
832
|
2100
|
388
|
562
|
662
|
731
|
793
|
848
|
2150
|
395
|
573
|
674
|
745
|
808
|
864
|
2200
|
403
|
583
|
687
|
759
|
823
|
881
|
2250
|
410
|
594
|
700
|
773
|
838
|
897
|
2300
|
417
|
605
|
712
|
787
|
853
|
913
|
2350
|
425
|
616
|
725
|
801
|
869
|
929
|
2400
|
432
|
626
|
738
|
815
|
884
|
946
|
2450
|
440
|
637
|
750
|
829
|
899
|
962
|
2500
|
447
|
648
|
763
|
843
|
914
|
978
|
2550
|
454
|
658
|
776
|
857
|
929
|
994
|
2600
|
460
|
667
|
786
|
868
|
941
|
1007
|
2650
|
465
|
674
|
794
|
877
|
951
|
1018
|
2700
|
471
|
682
|
803
|
887
|
962
|
1029
|
2750
|
475
|
688
|
810
|
895
|
970
|
1038
|
2800
|
479
|
694
|
816
|
902
|
978
|
1046
|
2850
|
484
|
700
|
823
|
909
|
986
|
1055
|
2900
|
488
|
705
|
830
|
917
|
994
|
1063
|
2950
|
492
|
711
|
836
|
924
|
1002
|
1072
|
3000
|
496
|
717
|
843
|
931
|
1010
|
1080
|
3050
|
500
|
723
|
850
|
939
|
1018
|
1089
|
3100
|
504
|
729
|
856
|
946
|
1026
|
1097
|
3150
|
509
|
735
|
863
|
953
|
1033
|
1106
|
3200
|
513
|
740
|
869
|
961
|
1041
|
1114
|
3250
|
517
|
746
|
876
|
968
|
1049
|
1123
|
3300
|
521
|
752
|
882
|
975
|
1057
|
1131
|
3350
|
524
|
757
|
888
|
981
|
1064
|
1138
|
3400
|
527
|
761
|
893
|
987
|
1070
|
1145
|
3450
|
531
|
766
|
899
|
993
|
1077
|
1152
|
3500
|
534
|
771
|
904
|
999
|
1083
|
1159
|
3550
|
537
|
775
|
910
|
1006
|
1090
|
1166
|
3600
|
541
|
780
|
916
|
1012
|
1097
|
1173
|
3650
|
544
|
785
|
921
|
1018
|
1103
|
1180
|
3700
|
547
|
790
|
927
|
1024
|
1110
|
1187
|
3750
|
550
|
794
|
932
|
1030
|
1116
|
1194
|
3800
|
554
|
799
|
937
|
1036
|
1123
|
1201
|
3850
|
557
|
803
|
943
|
1041
|
1129
|
1208
|
3900
|
560
|
808
|
948
|
1047
|
1135
|
1215
|
3950
|
563
|
812
|
953
|
1053
|
1142
|
1222
|
4000
|
566
|
817
|
959
|
1059
|
1148
|
1229
|
4050
|
570
|
822
|
964
|
1065
|
1155
|
1236
|
4100
|
574
|
828
|
972
|
1074
|
1164
|
1245
|
4150
|
579
|
834
|
979
|
1082
|
1172
|
1254
|
4200
|
583
|
841
|
986
|
1090
|
1181
|
1264
|
4250
|
588
|
847
|
993
|
1098
|
1190
|
1273
|
4300
|
592
|
853
|
1001
|
1106
|
1199
|
1283
|
4350
|
597
|
860
|
1008
|
1114
|
1207
|
1292
|
4400
|
601
|
866
|
1015
|
1122
|
1216
|
1301
|
4450
|
606
|
873
|
1023
|
1130
|
1225
|
1311
|
4500
|
610
|
879
|
1030
|
1138
|
1234
|
1320
|
4550
|
615
|
885
|
1037
|
1146
|
1242
|
1329
|
4600
|
619
|
892
|
1044
|
1154
|
1251
|
1339
|
4650
|
624
|
898
|
1052
|
1162
|
1260
|
1348
|
4700
|
628
|
904
|
1059
|
1170
|
1269
|
1357
|
4750
|
633
|
911
|
1066
|
1178
|
1277
|
1367
|
4800
|
637
|
917
|
1074
|
1186
|
1286
|
1376
|
4850
|
642
|
924
|
1082
|
1195
|
1296
|
1386
|
4900
|
647
|
931
|
1090
|
1204
|
1305
|
1397
|
4950
|
651
|
938
|
1098
|
1213
|
1315
|
1407
|
5000
|
656
|
945
|
1106
|
1222
|
1325
|
1418
|
5050
|
661
|
951
|
1114
|
1231
|
1335
|
1428
|
5100
|
666
|
958
|
1123
|
1240
|
1345
|
1439
|
5150
|
670
|
965
|
1131
|
1249
|
1354
|
1449
|
5200
|
675
|
972
|
1139
|
1259
|
1364
|
1460
|
5250
|
680
|
979
|
1147
|
1268
|
1374
|
1470
|
5300
|
685
|
986
|
1155
|
1277
|
1384
|
1481
|
5350
|
689
|
993
|
1163
|
1285
|
1393
|
1491
|
5400
|
694
|
999
|
1171
|
1294
|
1403
|
1501
|
5450
|
698
|
1006
|
1179
|
1302
|
1412
|
1511
|
5500
|
703
|
1012
|
1186
|
1311
|
1421
|
1521
|
5550
|
707
|
1019
|
1194
|
1319
|
1430
|
1530
|
5600
|
712
|
1025
|
1201
|
1328
|
1439
|
1540
|
5650
|
716
|
1031
|
1208
|
1335
|
1447
|
1548
|
5700
|
719
|
1036
|
1214
|
1341
|
1454
|
1556
|
5750
|
723
|
1042
|
1220
|
1348
|
1462
|
1564
|
5800
|
727
|
1047
|
1226
|
1355
|
1469
|
1572
|
5850
|
731
|
1052
|
1233
|
1362
|
1477
|
1580
|
5900
|
735
|
1058
|
1239
|
1369
|
1484
|
1588
|
5950
|
739
|
1063
|
1245
|
1376
|
1492
|
1596
|
6000
|
743
|
1069
|
1251
|
1383
|
1499
|
1604
|
6050
|
747
|
1074
|
1258
|
1390
|
1506
|
1612
|
6100
|
751
|
1080
|
1265
|
1397
|
1515
|
1621
|
6150
|
755
|
1086
|
1272
|
1405
|
1523
|
1630
|
6200
|
760
|
1093
|
1279
|
1413
|
1531
|
1639
|
6250
|
764
|
1099
|
1286
|
1420
|
1540
|
1648
|
6300
|
768
|
1105
|
1292
|
1428
|
1548
|
1657
|
6350
|
773
|
1111
|
1299
|
1436
|
1556
|
1665
|
6400
|
777
|
1117
|
1306
|
1444
|
1565
|
1674
|
6450
|
781
|
1123
|
1313
|
1451
|
1573
|
1683
|
6500
|
785
|
1129
|
1320
|
1459
|
1582
|
1692
|
6550
|
789
|
1135
|
1327
|
1467
|
1590
|
1701
|
6600
|
793
|
1140
|
1334
|
1474
|
1598
|
1710
|
6650
|
797
|
1146
|
1341
|
1482
|
1607
|
1719
|
6700
|
801
|
1152
|
1348
|
1490
|
1615
|
1728
|
6750
|
806
|
1158
|
1355
|
1498
|
1623
|
1737
|
6800
|
810
|
1164
|
1362
|
1505
|
1632
|
1746
|
6850
|
814
|
1170
|
1369
|
1513
|
1640
|
1755
|
6900
|
818
|
1176
|
1376
|
1521
|
1649
|
1764
|
6950
|
822
|
1182
|
1383
|
1529
|
1657
|
1773
|
7000
|
826
|
1188
|
1390
|
1536
|
1665
|
1782
|
7050
|
830
|
1194
|
1397
|
1544
|
1674
|
1791
|
7100
|
834
|
1200
|
1404
|
1552
|
1682
|
1800
|
7150
|
838
|
1206
|
1411
|
1560
|
1691
|
1809
|
7200
|
842
|
1212
|
1418
|
1567
|
1699
|
1818
|
7250
|
847
|
1218
|
1425
|
1575
|
1707
|
1827
|
7300
|
851
|
1224
|
1432
|
1583
|
1716
|
1836
|
7350
|
855
|
1230
|
1439
|
1591
|
1724
|
1845
|
7400
|
859
|
1236
|
1446
|
1598
|
1733
|
1854
|
7450
|
863
|
1242
|
1453
|
1606
|
1741
|
1863
|
7500
|
867
|
1248
|
1460
|
1614
|
1749
|
1872
|
7550
|
871
|
1253
|
1468
|
1622
|
1758
|
1881
|
7600
|
875
|
1259
|
1475
|
1629
|
1766
|
1890
|
7650
|
879
|
1265
|
1482
|
1637
|
1775
|
1899
|
7700
|
883
|
1271
|
(b) This subsection provides for incomes below table. If combined
adjusted gross income is below five hundred fifty dollars per month,
which is the lowest amount of income considered in the table of monthly
basic child support obligations set forth in subsection (a) of this
section, the basic child support obligation shall be set at fifty
dollars per month or a discretionary amount determined by the court
based on the resources and living expenses of the parents and the number
of children due support.
(c) This subsection provides for incomes above table. If combined
adjusted gross income is above fifteen thousand dollars per month, which
is the highest amount of income considered in the table of monthly basic
child support obligations set forth in subsection (a) of this section,
the basic child support obligation shall not be less than it would be
based on a combined adjusted gross income of fifteen thousand dollars.
The court may also compute the basic child support obligation for
combined adjusted gross incomes above fifteen thousand dollars by the
following:
(1) One child -- $1,457 + 0.088 x combined adjusted gross income
above fifteen thousand dollars per month;
(2) Two children -- $2,108 + 0.129 x combined adjusted gross
income above fifteen thousand dollars per month;
(3) Three children -- $2,483 + 0.153 x combined adjusted gross
income above fifteen thousand dollars per month;
(4) Four children -- $2,744 + 0.169 x combined adjusted gross
income above fifteen thousand dollars per month;
(5) Five children -- $2,974 + 0.183 x combined adjusted gross
income above fifteen thousand dollars per month; and
(6) Six children -- $3,182 + 0.196 x combined adjusted gross
income above fifteen thousand dollars per month.
§48A-1B-6. Computation of child support order in sole custody cases.
(a) For sole custody cases, the total child support obligation
consists of the basic child support obligation plus the child's share of
any unreimbursed health care expenses, work-related child care expenses
and any other extraordinary expenses agreed to by the parents or ordered
by the court less any extraordinary credits agreed to by the parents or
ordered by the court.
(b) In a sole custody case, the total basic child support
obligation is divided between the parents in proportion to their income. From this amount is subtracted the obligor's direct expenditures of any
items which were added to the basic child support obligation to arrive
at the total child support obligation.
(c) Child support for sole custody cases shall be calculated using
the following worksheet:
Worksheet A: Sole Physical Custody
IN THE CIRCUIT COURT OF __________ COUNTY, WEST VIRGINIACASE NO.________
Mother: ____________________SS No.: ________________ Custodial parent? ? Yes ? No
Father: ____________________SS No.: ________________Custodial parent? ? Yes ?No
|
|
|
|
|
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 of
Health Insurance Premium Costs.
|
$
|
$
|
|
c. Extraordinary Expenses (Agreed to by parents or by
order of the court.)
|
$
|
$
|
|
d. Minus Extraordinary Adjustments (Agreed to by parents
or by order of court.)
|
|
|
|
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
(0.75 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:
|
(d) In cases where the noncustodial parent's adjusted gross income
is below one thousand four hundred dollars per month, an additional
calculation in Worksheet A, Part II shall be made. This additional
calculation sets the child support order at whichever is lower: (i)
Child support at the amount determined in Part I; or (ii) the difference
between eighty-five percent of the noncustodial parent's adjusted gross
income and five hundred dollars, or fifty dollars, whichever is more.
§48A-1B-11. Modification.
The provision of a child support order may be modified if
the application of the new guideline would result in a new order
that is more than fifteen percent different than the amount
currently ordered.