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
(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.
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