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Introduced Version Senate Bill 6024 History

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Key: Green = existing Code. Red = new code to be enacted



Senate Bill No. 6024

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)

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[Introduced December 10, 2001.]

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A BILL to repeal sections nine hundred one and nine hundred two, article thirteen, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, as contained in chapter five, acts of the Legislature, fifth extraordinary session, two thousand one; to amend and reenact sections eight hundred one and eight hundred two of said article; to amend article fourteen of said chapter by adding thereto a new section, designated section one hundred six; and to amend and reenact section six, article two-a, chapter fifty-one of said code as contained in said acts, all relating to making technical revisions to the law creating a family court system; repealing misnumbered sections; revising archaic terminology in miscellaneous provisions relating to child support orders; declaring that section one hundred six, article fourteen, chapter forty-eight, as enacted by chapter five, acts of the Legislature, fifth extraordinary session, two thousand one, shall be deemed and constituted as a new section; and adjusting the salary levels of secretary-clerks and family case coordinators of family court judges consistent with current levels based on annual adjustments.

Be it enacted by the Legislature of West Virginia:
That sections nine hundred one and nine hundred two, article thirteen, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, as contained in chapter five, acts of the Legislature, fifth extraordinary session, two thousand one, be repealed; that sections eight hundred one and eight hundred two of said article be amended and reenacted; that article fourteen of said chapter be amended by adding thereto a new section, designated section one hundred six; and that section six, article two-a, chapter fifty-one of said code as contained in said acts be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.

PART VIII. MISCELLANEOUS PROVISIONS RELATING TO CHILD SUPPORT ORDERS .


§48-13-801. Tax exemption for child due support.

Unless otherwise agreed to by the parties, the court shall allocate the right to claim dependent children for income tax purposes to the custodial payee parent except in cases of extended shared custody parenting. In extended shared custody parenting cases, these rights shall be allocated between the parties in proportion to their adjusted gross incomes for child support calculations. In a situation where allocation would be of no tax benefit to a party, the court or master need make no allocation to that party. However, the tax exemptions for the minor child or children should be granted to the noncustodial payor parent only if the total of the custodial payee parent's income and child support is greater when the exemption is awarded to the noncustodial payor parent.
§48-13-802. Investment of child support.
(a) A circuit judge The court has the discretion, in appropriate cases, to direct that a portion of child support be placed in trust and invested for future educational or other needs of the child. The family law master may recommend and the circuit judge court may order such investment when all of the child's day- to-day needs are being met such that, with due consideration of the age of the child, the child is living as well as his or her parents.
(b) If the amount of child support ordered per child exceeds the sum of two thousand dollars per month, the court is required to make a finding, in writing, as to whether investments shall be made as provided for in subsection (a) of this section.
(c) A trustee named by the court shall use the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. A trustee shall be governed by the provisions of the uniform prudent investor act as set forth in article six-c, chapter forty-four of this code. The court may prescribe the powers of the trustee and provide for the management and control of the trust. Upon petition of a party or the child's guardian or next friend and upon a showing of good cause, the court may order the release of funds in the trust from time to time.
ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
PART I. ACTION TO OBTAIN AN ORDER FOR SUPPORT OF MINOR CHILD.

§48-14-106. Modification of support order.
(a) At any time after the entry of an order for support, the court may, upon the verified petition of an obligee or the obligor, revise or alter such order and make a new order as the altered circumstances or needs of a child, an obligee or the obligor may render necessary to meet the ends of justice.
(b) The supreme court of appeals shall make available to the family 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 such forms available to persons desiring to petition the court pro se for a modification of the support award.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and their staffs.

(a) Until the thirty-first day of December, two thousand two, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty thousand dollars. Beginning the first day of January, two thousand three, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty-two thousand five hundred dollars.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of twenty-two twenty-five thousand three hundred eight thirty-two dollars. In addition, beginning the first day of October, one thousand nine hundred ninety-nine, any any person employed as a secretary-clerk to a family law master on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year two thousand one who was employed by a family law master on the twentieth day of May, one thousand nine hundred ninety-nine, and who was so employed for at least two years prior to such date, is entitled to receive is receiving an additional five hundred dollars per year up to ten years of such a certain period of prior employment, as provided in under the provisions of the prior enactment of section eight of this article during the second extraordinary session of the Legislature in the year one thousand nine hundred ninety-nine, shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for in article five, chapter five of this code.
(c) The family court judge may employ not more than one family case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court judge shall be established by the administrative director of the supreme court of appeals but may not exceed thirty-five thirty-six thousand sixty dollars. The family case coordinator will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for in article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the director of the administrative office of the supreme court of appeals.
(f) Family court judges and members of their staffs are allowed their actual and necessary expenses incurred in the performance of their duties. The expenses and compensation will be determined and paid by the director of the administrative office of the supreme court of appeals under such guidelines as he or she may prescribe, as approved by the supreme court of appeals.
(g) Notwithstanding any other provision of law, family court judges are not eligible to participate in the retirement system for judges under the provisions of article nine of this chapter.

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(NOTE: The purpose of this bill is to make technical revisions to the law creating a family court system in West Virginia by renumbering provisions which updated terminology relating to certain child support orders; by clarifying that a section is new (and not amended); and by adjusting the salary levels of the secretary-clerks and the family case coordinators of family court judges consistent with the annual salary increases which have occurred since the salary levels were established in 1999.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§48-14-106 is new; therefore, strike-throughs and underscoring have been omitted.)
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