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Introduced Version House Bill 3185 History

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hb3185 intr
H. B. 3185


(By Delegates Kominar, Webster,
Brown, Amores and Craig)
[Introduced March 24, 2005; referred to the
Committee on the Judiciary.]



A BILL to amend and reenact §48-11-105 of the Code of West Virginia, 1931, as amended, relating to child support generally; modifying the definition of "substantial change."

Be it enacted by the Legislature of West Virginia:
That §48-11-105 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11. SUPPORT OF CHILDREN.
§48-11-105. Modification of child support order.
(a) The court may modify a child support order, for the benefit of the child, when a motion is made that alleges a change in the circumstances of a parent or another proper person or persons. A motion for modification of a child support order may be brought by a custodial parent or any other lawful custodian or guardian of the child, by a parent or other person obligated to pay child support for the child or by the bureau for child support enforcement of the Department of Health and Human Resources of this state.
(b) The provisions of the order may be modified if there is a substantial change in circumstances. If application of the guideline would result in a new order that is more than fifteen percent different, then the circumstances are considered a substantial change: Provided, That after the first day of January, two thousand five, if application of the guideline would result in a new order that is more than fifteen percent different or seventy- five dollars different, whichever is less, then the circumstances are considered a substantial change.

(c) An order that modifies the amount of child support to be paid shall conform to the support guidelines set forth in article 13-101, et seq., of this chapter unless the court disregards the guidelines or adjusts the award as provided for in section 13-702.
(d) The Supreme Court of Appeals shall make available to the 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 the forms available to persons desiring to represent themselves in filing a motion for modification of the support award.



NOTE:
The purpose of this bill is to change the definition of "substantial change in circumstances" for the purposes of a modification of child support from a 15% change to either a 15% or seventy-five dollar change, whichever is less.

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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