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Introduced Version House Bill 3184 History

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hb3184 intr
H. B. 3184


(By Delegates Kominar, Webster, Brown,
Amores and Craig)
[Introduced March 22, 2005; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact §48-13-502 and of §48-13-601 the Code of West Virginia, 1931, as amended, all relating to including education related child care expenses in the child support calculation; and eliminating the 25% reduction to the child support adjustment.

Be it enacted by the Legislature of West Virginia:
That §48-13-502 and §48-13-601 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.
PART 6. ADJUSTMENT OF SHARES OF SUPPORT OBLIGATIONS.

§48-13-502. Extended shared parenting worksheet.
Child support for extended shared parenting cases shall be calculated using the following worksheet:


Worksheet B: extended shared parenting

IN THE FAMILY COURT OF ______________ COUNTY, WEST VIRGINIA
CASE NO. ____________
Mother: ___________________________ SS No.: __________
Father: ____________________________ SS No.: __________

           
Children SSN Date of Birth Children SSN Date of Birth
           
           
           
PART I. BASIC OBLIGATION Mother Father Combined
1. MONTHLY GROSS INCOME (Exclusive of overtime compensation) $ $  
a. Minus preexisting child support payment - -  
b. Minus maintenance paid - -  
c. Plus overtime compensation, if not excluded, and not to exceed 50%, pursuant to W. Va. Code §48-1-228(b)(6)
d. Additional dependent deduction
+ +  
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 PARENTING ADJUSTMENT
5. Shared Parenting 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.) Work and Education 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.) $ $  
12d. Minus Extraordinary Adjustments (Agreed to by parents or by order of the court.) $ $  
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:



§48-13-601. Adjustment for child care.
(a) Legislative findings and legislative intent. -- The Legislature finds that nationally twenty-six percent of all people live in poverty, while in West Virginia, forty-six percent of all single mothers live in poverty. The Legislature also finds that child care subsidies are less available for persons who are pursuing education and that education increases a person's earning potential and makes it less likely that a person will live at or near the poverty level. Therefore, it is the intent of the Legislature to include work and education related child care expenses in the child support calculation.
(a) (b) The amount of the federal tax credit for child care expenses that can be realized by the custodial parent shall be approximated by deducting twenty-five percent from work-related child care costs, except that no such deduction shall be made for custodial parents with monthly gross incomes below the following amounts:
(1) One child--$1,150;
(2) Two children--$1,550;
(3) Three children--$1,750;
(4) Four children--$1,950;
(5) Five children--$2,150; and
(6) Six or more children--$2,350.
(b) Work-related child care costs related to work and education net of any adjustment for the child care tax credit shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.



NOTE: The purpose of this bill is to include education related child care expenses in the child support calculation; and eliminate the 25% reduction to the child support adjustment.

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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