ENROLLED

Senate Bill No. 359

(By Senators Wooton, Anderson, Buckalew, Deem, Dittmar, Miller, Schoonover, Scott, Ross, White and Yoder)

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[Passed March 9, 1996; in effect ninety days from passage.]


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AN ACT to repeal section six, article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section three-a, article one, chapter forty-eight-a; to repeal section seventeen, article two of said chapter; to repeal section seven, article four of said chapter; to amend and reenact sections fifteen, fifteen-a and thirty-two, article two, chapter forty-eight of said code; to amend and reenact section three, article one, chapter forty-eight-a of said code; to amend and reenact sections one, four, twenty and twenty-three, article four of said chapter; to further amend said chapter by adding thereto two new articles, designated articles one-a and one-b; to amend and reenact sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code; and to amend and reenact section twenty-nine, article five, chapter sixty-one of said code, relating to domestic relations and support obligations generally; reorganizing portions of the domestic relations law to provide a new methodology for calculating child support based on income shares; providing for relief upon ordering divorce, annulment or separate maintenance; providing for medical support; establishing a valuation date for contingent and other future earned fees that are marital property; defining certain terms that have application to support enforcement; establishing guidelines for child support awards; prescribing the method of calculating a child support order; setting forth a table of monthly basic child support obligations; providing for child health care as a part of support; providing for work-related child care costs as a part of support; computing child support order in a sole custody case; computing child support in shared physical custody case; computing child support in split physical custody case; adjustment for social security benefits sent directly to a child; application of guidelines; providing for modification of support orders; allocation of tax exemption; defining indebtedness; specifying when support guidelines may be disregarded; presenting information on income based on monthly amounts; creating an additional part-time family law master; providing for circuit court review of a law master's recommended order; prescribing fees to be charged by the clerk of the circuit court; disposition of fees; and defining criminal offense of failure to meet obligation to provide support, and providing penalties therefor.

Be it enacted by the Legislature of West Virginia:
That section six, article two-c, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section three-a, article one, chapter forty-eight-a be repealed; that section seventeen, article two of said chapter be repealed; that section seven, article four of said chapter be repealed; that sections fifteen, fifteen-a and thirty- two, article two, chapter forty-eight of said code be amended and reenacted; that section three, article one, chapter forty-eight-a of said code be amended and reenacted; that sections one, four, twenty and twenty-three, article four of said chapter be amended and reenacted; that said chapter be further amended by adding thereto two new articles, designated articles one-a and one-b; that sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code be amended and reenacted; and that section twenty-nine, article five, chapter sixty-one of said code be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.

§48-2-15. Relief upon ordering divorce or annulment or granting decree of separate maintenance.

(a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay alimony in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party. Payments of alimony are to be ordinarily made from a party's income, but when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate. An award of alimony shall not be disproportionate to a party's ability to pay as disclosed by the evidence before the court.
(b) Upon ordering the annulment of a marriage or a divorce or granting of decree of separate maintenance, the court may further order all or any part of the following relief:
(1) The court may provide for the custody of minor children of the parties, subject to such rights of visitation, both in and out of the residence of the custodial parent or other person or persons having custody, as may be appropriate under the circumstances. In every action where visitation is awarded, the court shall specify a schedule for visitation by the noncustodial parent: Provided, That with respect to any existing order which provided for visitation but which does not provide a specific schedule for visitation by the noncustodial parent, upon motion of any party, notice of hearing and hearing, the court shall issue an order which provides a specific schedule of visitation by the noncustodial parent;
(2) When the action involves a minor child or children, the court shall require either party to pay child support in the form of periodic installments for the maintenance of the minor children of the parties in accordance with support guidelines promulgated pursuant to section eight, article two, chapter forty-eight-a of this code. Payments of child support are to be ordinarily made from a party's income, but in cases when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate;
(3) When the action involves a minor child or children, the court shall provide for medical support for any minor children in accordance with section fifteen-a of this article;
(4) As an incident to requiring the payment of alimony or child support, the court may order either party to continue in effect existing policies of insurance covering the costs of health care and hospitalization of the other party: Provided, That if the other party is no longer eligible to be covered by such insurance because of the granting of an annulment or divorce, the court may require a party to substitute such insurance with a new policy to cover the other party or may consider the prospective cost of such insurance in awarding alimony to be paid in periodic installments. Payments made to an insurer pursuant to this subdivision, either directly or by a deduction from wages, shall be deemed to be alimony or installment payments for the distribution of marital property, in such proportion as the court shall direct: Provided, however, That if the court does not set forth in the order that a portion of such payments is to be deemed installment payments for the distribution of marital property, then all such payments made pursuant to this subdivision shall be deemed to be alimony: Provided further, That the designation of insurance coverage as alimony under the provisions of this subdivision shall not, in and of itself, give rise to a subsequent modification of the order to provide for alimony other than insurance for covering the costs of health care and hospitalization;
(5) The court may grant the exclusive use and occupancy of the marital home to one of the parties, together with all or a portion of the household goods, furniture and furnishings reasonably necessary for such use and occupancy. Such use and occupancy shall be for a definite period, ending at a specific time set forth in the order, subject to modification upon the petition of either party. Except in extraordinary cases supported by specific findings set forth in the order granting relief, a grant of the exclusive use and occupancy of the marital home shall be limited to those situations when such use and occupancy is reasonably necessary to accommodate the rearing of minor children of the parties. The court may require payments to third parties in the form of home loan installments, land contract payments, rent, property taxes and insurance coverage if the amount of such coverage is reduced to a fixed monetary amount set forth in the court's order. When such third party payments are ordered, the court shall specify whether such payments or portions of payments are alimony, child support, a partial distribution of marital property or an allocation of marital debt: Provided, That if the court does not set forth in the order that a portion of such payments is to be deemed child support or installment payments for the distribution of marital property, then all such payments made pursuant to this subdivision shall be deemed to be alimony. When such third party payments are ordered, the court shall specify whether such payments or portions of payments are alimony, child support, a partial distribution of marital property or an allocation of marital debt. If the payments are not designated in an order and the parties have waived any right to receive alimony, the court may designate the payments upon motion by any party. Nothing contained in this subdivision shall abrogate an existing contract between either of the parties and a third party or affect the rights and liabilities of either party or a third party under the terms of such contract;
(6) As an incident to requiring the payment of alimony, the court may grant the exclusive use and possession of one or more motor vehicles to either of the parties. The court may require payments to third parties in the form of automobile loan installments or insurance coverage if available at reasonable rates, and any such payments made pursuant to this subdivision for the benefit of the other party shall be deemed to be alimony or installment payments for the distribution of marital property, as the court may direct. Nothing contained in this subdivision shall abrogate an existing contract between either of the parties and a third party or affect the rights and liabilities of either party or a third party under the terms of such contract;
(7) When the pleadings include a specific request for specific property or raise issues concerning the equitable division of marital property as defined in section one of this article, the court shall order such relief as may be required to effect a just and equitable distribution of the property and to protect the equitable interests of the parties therein;
(8) Unless a contrary disposition is ordered pursuant to other provisions of this section, then upon the motion of either party, the court may compel the other party to deliver to the moving party any of his or her separate estate which may be in the possession or control of the respondent party and may make such further order as is necessary to prevent either party from interfering with the separate estate of the other;
(9) When allegations of abuse have been proven, the court shall enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other or interfering with the custodial or visitation rights of the other. Such order may permanently enjoin the offending party from entering the school, business or place of employment of the other for the purpose of molesting or harassing the other; or from contacting the other, in person or by telephone, for the purpose of harassment or threats; or from harassing or verbally abusing the other in a public place;
(10) The court may order either party to take necessary steps to transfer utility accounts and other accounts for recurring expenses from the name of one party into the name of the other party or from the joint names of the parties into the name of one party. Nothing contained in this subdivision shall affect the liability of the parties for indebtedness on any such account incurred before the transfer of such account.
(c) When an annulment or divorce is denied, the court shall retain jurisdiction of the case and may order all or any portion of the relief provided for in subsections (a) and (b) of this section which has been demanded or prayed for in the pleadings.
(d) When a divorce or annulment is granted in this state upon constructive service of process and personal jurisdiction is thereafter obtained of the defendant in such case, the court may order all or any portion of the relief provided for in subsections (a) and (b) of this section which has been demanded or prayed for in the pleadings.
(e) After the entry of an order pursuant to the provisions of this section, the court may revise the order concerning the maintenance of the parties and enter a new order concerning the same, as the circumstances of the parties may require.
The court may also from time to time afterward, upon motion of either of the parties and upon proper service, revise such order to grant relief pursuant to subdivision (9), subsection (b) of this section, and enter a new order concerning the same, as the circumstances of the parties and the benefit of children may require. The court may also from time to time afterward, upon the motion of either of the parties or other proper person having actual or legal custody of the minor child or children of the parties, revise or alter the order concerning the custody and support of the children, and make a new order concerning the same, issuing it forthwith, as the circumstances of the parents or other proper person or persons and the benefit of the children may require: Provided, That all orders modifying child support shall be in conformance with the requirements of support guidelines promulgated pursuant to article one-b, chapter forty-eight-a of this code: Provided, however, That an order providing for child support payments may be revised or altered for the reason, inter alia, that the existing order provides for child support payments in an amount that is less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required to be paid under the child support guidelines promulgated pursuant to the provisions of said section.
In granting relief under this subsection, the court may, when other means are not conveniently available, alter any prior order of the court with respect to the distribution of marital property, if such property is still held by the parties, and if necessary to give effect to a modification of alimony, child support or child custody or necessary to avoid an inequitable or unjust result which would be caused by the manner in which the modification will affect the prior distribution of marital property.
(f) When a separation agreement is the basis for an award of alimony, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for alimony to continue beyond the death of the payor party or to cease in such event. When alimony is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of alimony is to continue beyond the death of the payor party or is to cease, or when the parties have not entered into a separation agreement and alimony is to be awarded, the court shall specifically state as a part of its order whether such payments of alimony are to be continued beyond the death of the payor party or cease.
(g) When a separation agreement is the basis for an award of alimony, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for alimony to continue beyond the remarriage of the payee party or to cease in such event. When alimony is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of alimony is to continue beyond the remarriage of the payee party or is to cease, or when the parties have not entered into a separation agreement and alimony is to be awarded, the court shall specifically state as a part of its order whether such payments of alimony are to be continued beyond the remarriage of the payee party or cease.
(h) In addition to the disclosure requirements set forth in section thirty-three of this article, the court may order accounts to be taken as to all or any part of marital property or the separate estates of the parties and may direct that the accounts be taken as of the date of the marriage, the date upon which the parties separated or any other time in assisting the court in the determination and equitable division of property.
(i) In determining whether alimony is to be awarded, or in determining the amount of alimony, if any, to be awarded under the provisions of this section, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of such fault or misconduct as a contributing factor to the deterioration of the marital relationship. However, alimony shall not be awarded when both parties prove grounds for divorce and are denied a divorce, nor shall an award of alimony under the provisions of this section be ordered which directs the payment of alimony to a party determined to be at fault, when, as a grounds granting the divorce, such party is determined by the court:
(1) To have committed adultery; or
(2) To have been convicted for the commission of a crime which is a felony, subsequent to the marriage if such conviction has become final; or
(3) To have actually abandoned or deserted his or her spouse for six months.
(j) Whenever under the terms of this section or section thirteen of this article a court enters an order requiring the payment of alimony or child support, if the court anticipates the payment of such alimony or child support or any portion thereof to be paid out of "disposable retired or retainer pay" as that term is defined in 10 U.S.C. §1408, relating to members or former members of the uniformed services of the United States, the court shall specifically provide for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of the payor party to the payee party.
(k) Any order which provides for the custody or support of a minor child shall include:
(1) The name of the custodian;
(2) The amount of the support payments;
(3) The date the first payment is due;
(4) The frequency of the support payments;
(5) The event or events which trigger termination of the support obligation;
(6) A provision regarding wage withholding;
(7) The address where payments shall be sent;
(8) A provision for medical support; and
(9) When child support guidelines are not followed, a specific written finding pursuant to section eight, article two, chapter forty-eight-a of this code.
(l) (1) Unless the best interests of the child require otherwise, every final order and every modification order which provides for the custody of a minor child of the parties shall also provide for the following:
(A) The custodial parent shall be required to authorize school authorities in the school in which the child is enrolled to release to the noncustodial parent copies of any and all information concerning the child which would otherwise be properly released to the custodial parent;
(B) The custodial parent shall be required, promptly after receipt, to transmit to the noncustodial parent a copy of the child's grades or report card and copies of any other reports reflecting the status or progress of the child;
(C) The custodial parent shall be required, when practicable, to arrange appointments for parent-teacher conferences at a time when the noncustodial parent can be present;
(D) The custodial parent shall be required to authorize medical providers to release to the noncustodial parent copies of any and all information concerning medical care provided to the child which would otherwise be properly released to the custodial parent;
(E) The custodial parent shall be required to promptly inform the noncustodial parent of any illness of the child which requires medical attention; or, if the child is in the actual physical custody of the noncustodial parent during a period of visitation, the noncustodial parent shall be required to promptly inform the custodial parent of any illness of the child which requires medical attention;
(F) The custodial parent shall be required to consult with the noncustodial 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 such emergency medical procedures: Provided, That the same duty to inform the custodial parent applies to the noncustodial parent in the event that the emergency medical procedures are required while the child is in the physical custody of the noncustodial parent during a period of visitation: Provided, however, That nothing contained herein shall be deemed to alter or amend 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.
(2) In the event a custodial parent shall fail or refuse to authorize the release of school or medical records as provided for by subdivision (1) of this subsection, then upon the ex parte application of the noncustodial parent, the family law master shall prepare an order for entry by the circuit court which appoints the family law master as a special commissioner authorized to execute a consent for the release of such records and direct it to the appropriate school authorities or medical providers.
§48-2-15a. Medical support enforcement.

(a) For the purposes of this section:
(1) "Custodian for the children" means a parent, legal guardian, committee or other third party appointed by court order as custodian of child or children for whom child support is ordered.
(2) "Obligated parent" means a natural or adoptive parent who is required by agreement or order to pay for insurance coverage and medical care, or some portion thereof, for his or her child.
(3) "Insurance coverage" means coverage for medical, dental, including orthodontic, optical, psychological, psychiatric or other health care service.
(4) "Child" means a child to whom a duty of child support is owed.
(5) "Medical care" means medical, dental, optical, psychological, psychiatric or other health care service for children in need of child support.
(6) "Insurer" means any company, health maintenance organization, self-funded group, multiple employer welfare arrangement, hospital or medical services corporation, trust, group health plan, as defined in 29 U.S.C. §1167, Section 607(1) of the Employee Retirement Income Security Act of 1974 or other entity which provides insurance coverage or offers a service benefit plan.
(b) In every action to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide medical care for the children of the parties. In any temporary or final order establishing an award of child support or any temporary or final order modifying a prior order establishing an award of child support, the court shall order one or more of the following:
(1) The court shall order either parent or both parents to provide insurance coverage for a child, if such insurance coverage is available to that parent on a group basis through an employer or through an employee's union. If similar insurance coverage is available to both parents, the court shall order the child to be insured under the insurance coverage which provides more comprehensive benefits. If such insurance coverage is not available at the time of the entry of the order, the order shall require that if such coverage thereafter becomes available to either party, that party shall promptly notify the other party of the availability of insurance coverage for the child.
(2) If the court finds that insurance coverage is not available to either parent on a group basis through an employer, multi-employer trust or employees' union, or that the group insurer is not accessible to the parties, the court may order either parent or both parents to obtain insurance coverage which is otherwise available at a reasonable cost.
(3) Based upon the respective ability of the parents to pay, the court may order either parent or both parents to be liable for reasonable and necessary medical care for a child. The court shall specify the proportion of the medical care for which each party shall be responsible.
(4) If insurance coverage is available, the court shall also determine the amount of the annual deductible on insurance coverage which is attributable to the children and designate the proportion of the deductible which each party shall pay.
(5) The order shall require the obligor to continue to provide the child support enforcement division created by article two, chapter forty-eight-a of this code with information as to his or her employer's name and address and information as to the availability of employer-related insurance programs providing medical care coverage so long as the child continues to be eligible to receive support.
(c) The cost of insurance coverage shall be considered by the court in applying the child support guidelines provided for in article one-b, chapter forty-eight-a of this code.
(d) Within thirty days after the entry of an order requiring the obligated parent to provide insurance coverage for the children, that parent shall submit to the custodian for the child written proof that the insurance has been obtained or that an application for insurance has been made. Such proof of insurance coverage shall consist of, at a minimum:
(1) The name of the insurer;
(2) The policy number;
(3) An insurance card;
(4) The address to which all claims should be mailed;
(5) A description of any restrictions on usage, such as prior approval for hospital admission, and the manner in which to obtain such approval;
(6) A description of all deductibles; and
(7) Five copies of claim forms.
(e) The custodian for the child shall send the insurer or the obligated parent's employer the children's address and notice that the custodian will be submitting claims on behalf of the children. Upon receipt of such notice, or an order for insurance coverage under this section, the obligated parent's employer, multi-employer trust or union shall, upon the request of the custodian for the child, release information on the coverage for the children, including the name of the insurer.
(f) A copy of the court order for insurance coverage shall not be provided to the obligated parent's employer or union or the insurer unless ordered by the court, or unless:
(1) The obligated parent, within thirty days of receiving effective notice of the court order, fails to provide to the custodian for the child written proof that the insurance has been obtained or that an application for insurance has been made;
(2) The custodian for the child serves written notice by mail at the obligated parent's last known address of intention to enforce the order requiring insurance coverage for the child; and
(3) The obligated parent fails within fifteen days after the mailing of the notice to provide written proof to the custodian for the child that the child has insurance coverage.
(g) (1) Upon service of the order requiring insurance coverage for the children, the employer, multi-employer trust or union shall enroll the child as a beneficiary in the group insurance plan and withhold any required premium from the obligated parent's income or wages.
(2) If more than one plan is offered by the employer, multi- employer trust or union, the child shall be enrolled in the same plan as the obligated parent at a reasonable cost.
(3) Insurance coverage for the child which is ordered pursuant to the provisions of this section shall not be terminated except as provided in subsection (j) of this section.
(h) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required:
(1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage of the child, to enroll the child under family coverage upon application by the child's other parent, by the state agency administering the medicaid program or by the child support enforcement division;
(3) Not to disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect;
(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or
(C) The employer has eliminated family health coverage for all of its employees;
(4) To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer: Provided, That the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C. §1673, Section 303(b) of the Consumer Credit Protection Act.
(i) (1) The signature of the custodian for the child shall constitute a valid authorization to the insurer for the purposes of processing an insurance payment to the provider of medical care for the child.
(2) No insurer, employer or multi-employer trust in this state may refuse to honor a claim for a covered service when the custodian for the child or the obligated parent submits proof of payment for medical bills for the child.
(3) The insurer shall reimburse the custodian for the child or the obligated parent who submits copies of medical bills for the child with proof of payment.
(4) All insurers in this state shall comply with the provisions of section sixteen, article fifteen, chapter thirty-three of this code and section eleven, article sixteen of said chapter and shall provide insurance coverage for the child of a covered employee notwithstanding the amount of support otherwise ordered by the court and regardless of the fact that the child may not be living in the home of the covered employee.
(j) When an order for insurance coverage for a child pursuant to this section is in effect and the obligated parent's employment is terminated, or the insurance coverage for the child is denied, modified or terminated, the insurer shall in addition to complying with the requirements of article sixteen-a, chapter thirty-three of this code, within ten days after the notice of change in coverage is sent to the covered employee, notify the custodian for the child and provide an explanation of any conversion privileges available from the insurer.
(k) A child of an obligated parent shall remain eligible for insurance coverage until the child is emancipated or until the insurer under the terms of the applicable insurance policy terminates said child from coverage, whichever is later in time, or until further order of the court.
(l) If the obligated parent fails to comply with the order to provide insurance coverage for the child, the court shall:
(1) Hold the obligated parent in contempt for failing or refusing to provide the insurance coverage or for failing or refusing to provide the information required in subsection (d) of this section;
(2) Enter an order for a sum certain against the obligated parent for the cost of medical care for the child and any insurance premiums paid or provided for the child during any period in which the obligated parent failed to provide the required coverage;
(3) In the alternative, other enforcement remedies available under sections two and three, article five, chapter forty-eight-a of this code, or otherwise available under law, may be used to recover from the obligated parent the cost of medical care or insurance coverage for the child;
(4) In addition to other remedies available under law, the child support enforcement division may garnish the wages, salary or other employment income of, and withhold amounts from state tax refunds to any person who:
(A) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under medicaid; and
(B) Has received payment from a third party for the costs of such services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services, to the extent necessary to reimburse the state medicaid agency for its costs: Provided, That claims for current and past due child support shall take priority over these claims.
(m) Proof of failure to maintain court ordered insurance coverage for the child constitutes a showing of substantial change in circumstances or increased need pursuant to section fifteen of this article, and provides a basis for modification of the child support order.
§48-2-32. Marital property disposition.

(a) Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.
(b) In cases where the parties to an action commenced under the provisions of this article have executed a separation agreement, then the court shall divide the marital property in accordance with the terms of the agreement, unless the court finds:
(1) That the agreement was obtained by fraud, duress or other unconscionable conduct by one of the parties; or
(2) That the parties, in the separation agreement, have not expressed themselves in terms which, if incorporated into a judicial order, would be enforceable by a court in future proceedings; or
(3) That the agreement, viewed in the context of the actual contributions of the respective parties to the net value of the marital property of the parties, is so inequitable as to defeat the purposes of this section, and such agreement was inequitable at the time the same was executed.
(c) In the absence of a valid agreement, the court shall presume that all marital property is to be divided equally between the parties, but may alter this distribution, without regard to any attribution of fault to either party which may be alleged or proved in the course of the action, after a consideration of the following:
(1) The extent to which each party has contributed to the acquisition, preservation and maintenance, or increase in value of marital property by monetary contributions, including, but not limited to:
(A) Employment income and other earnings; and
(B) Funds which are separate property.
(2) The extent to which each party has contributed to the acquisition, preservation and maintenance or increase in value of marital property by nonmonetary contributions, including, but not limited to:
(A) Homemaker services;
(B) Child care services;
(C) Labor performed without compensation, or for less than adequate compensation, in a family business or other business entity in which one or both of the parties has an interest;
(D) Labor performed in the actual maintenance or improvement of tangible marital property; and
(E) Labor performed in the management or investment of assets which are marital property.
(3) The extent to which each party expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income- earning ability of the other party, including, but not limited to:
(A) Direct or indirect contributions by either party to the education or training of the other party which has increased the income-earning ability of such other party; and
(B) Foregoing by either party of employment or other income- earning activity through an understanding of the parties or at the insistence of the other party.
(4) The extent to which each party, during the marriage, may have conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties: Provided, That except for a consideration of the economic consequences of conduct as provided for in this subdivision, fault or marital misconduct shall not be considered by the court in determining the proper distribution of marital property.
(d) After considering the factors set forth in subsection (c) of this section, the court shall:
(1) Determine the net value of all marital property of the parties as of the date of the commencement of the action or as of such later date determined by the court to be more appropriate for attaining an equitable result: Provided, That for contractual rights to contingent and other future earned fees that are considered to be marital property, the valuation date is the date the parties separated. Contractual agreements for contingent or other future earned fees entered into during the marriage and before the parties separated is marital property. The court shall not delay a division of marital property by retaining continuing jurisdiction over the matter until the amount of the contingent or other future earned fee has been ultimately decided, but shall make a valuation of the contractual agreement contemporaneously with the valuation of other marital property;
(2) Designate the property which constitutes marital property, and define the interest therein to which each party is entitled and the value of their respective interest therein. In the case of an action wherein there is no agreement between the parties and the relief demanded requires the court to consider such factors as are described in subdivisions (1), (2), (3) and (4), subsection (c) of this section, if a consideration of factors only under said subdivisions (1) and (2) would result in an unequal division of marital property, and if an examination of the factors described in said subdivisions (3) and (4) produce a finding that a party: (A) Expended his or her efforts during the marriage in a manner which limited or decreased such party's income-earning ability or increased the income-earning ability of the other party; or (B) conducted himself or herself so as to dissipate or depreciate the value of the marital property of the parties, then the court may, in the absence of a fair and just alimony award under the provisions of section fifteen of this article which adequately takes into account the facts which underlie the factors described in subdivisions (3) and (4), subsection (c) of this section, equitably adjust the definition of the parties' interest in marital property, increasing the interest in marital property of a party adversely affected by the factors considered under said subdivisions who would otherwise be awarded less than one half of the marital property, to an interest not to exceed one half of the marital property;
(3) Designate the property which constitutes separate property of the respective parties or the separate property of their children;
(4) Determine the extent to which marital property is susceptible to division in accordance with the findings of the court as to the respective interests of the parties therein;
(5) In the case of any property which is not susceptible to division, ascertain the projected results of a sale of such property;
(6) Ascertain the projected effect of a division or transfer of ownership of income-producing property, in terms of the possible pecuniary loss to the parties or other persons which may result from an impairment of the property's capacity to generate earnings; and
(7) Transfer title to such component parts of the marital property as may be necessary to achieve an equitable distribution of the marital property. To make such equitable distribution, the court may:
(A) Direct either party to transfer their interest in specific property to the other party;
(B) Permit either party to purchase from the other party their interest in specific property;
(C) Direct either party to pay a sum of money to the other party in lieu of transferring specific property or an interest therein, if necessary to adjust the equities and rights of the parties, which sum may be paid in installments or otherwise, as the court may direct;
(D) Direct a party to transfer his or her property to the other party in substitution for property of the other party of equal value which the transferor is permitted to retain and assume ownership of; or
(E) Order a sale of specific property and an appropriate division of the net proceeds of such sale: Provided, That such sale may be by private sale, or through an agent or by judicial sale, whichever would facilitate a sale within a reasonable time at a fair price.
(e) In order to achieve the equitable distribution of marital property, the court shall, unless the parties otherwise agree, order, when necessary, the transfer of legal title to any property of the parties, giving preference to effecting equitable distribution through periodic or lump sum payments: Provided, That the court may order the transfer of legal title to motor vehicles, household goods and the former marital domicile without regard to such preference where the court determines it to be necessary or convenient. In any case involving the equitable distribution of: (1) Property acquired by bequest, devise, descent, distribution or gift; or (2) ownership interests in a business entity, the court shall, unless the parties otherwise agree, give preference to the retention of the ownership interests in such property. In the case of such business interests, the court shall give preference to the party having the closer involvement, larger ownership interest or greater dependency upon the business entity for income or other resources required to meet responsibilities imposed under this article, and shall also consider the effects of transfer or retention in terms of which alternative will best serve to preserve the value of the business entity or protect the business entity from undue hardship or from interference caused by one of the parties or by the divorce, annulment or decree of separate maintenance: Provided, however, That the court may, unless the parties otherwise agree, sever the business relationship of the parties and order the transfer of legal title to ownership interests in the business entity from one party to the other, without regard to the limitations on the transfer of title to such property otherwise provided in this subsection, if such transfer is required to achieve the other purposes of this article: Provided further, That in all such cases the court shall order or the agreement of the parties shall provide for equitable payment or transfer of legal title to other property, of fair value in money or moneys' worth, in lieu of any ownership interests in a business entity which are ordered to be transferred under this subsection: And provided further, That the court may order the transfer of such business interests to a third party (such as the business entity itself or another principal in the business entity) where the interests of the parties under this article can be protected and at least one party consents thereto.
(f) In any order which divides or transfers the title to any property, determines the ownership or value of any property, designates the specific property to which any party is entitled or grants any monetary award, the court shall set out in detail its findings of fact and conclusions of law, and the reasons for dividing the property in the manner adopted.
(g) If an order entered in accordance with the provisions of this article requires the transfer of title to property and a party fails or refuses to execute a deed or other instrument necessary to convey title to such property, the deed or other instrument shall be executed by a special commissioner appointed by the court for the purpose of effecting such transfer of title pursuant to section seven, article twelve, chapter fifty-five of this code.
(h) As to any third party, the doctrine of equitable distribution of marital property and the provisions of this article shall be construed as creating no interest or title in property until and unless an order is entered under this article judicially defining such interest or approving a separation agreement which defines such interest. Neither this article nor the doctrine of equitable distribution of marital property shall be construed to create community property nor any other interest or estate in property except those previously recognized in this state. A husband or wife may alienate property at any time prior to the entry of an order under the provisions of this article or prior to the recordation of a notice of lis pendens in accordance with the provisions of section thirty-five of this article, and at anytime and in any manner not otherwise prohibited by an order under this article, in like manner and with like effect as if this article and the doctrine of equitable distribution had not been adopted: Provided, That as to any transfer prior to the entry of an order under the provisions of this article, a transfer other than to a bona fide purchaser for value shall be voidable if the court finds such transfer to have been effected to avoid the application of the provisions of this article or to otherwise be a fraudulent conveyance. Upon the entry of any order under this article or the admission to record of any notice with respect to an action under this article, restraining the alienation of property of a party, a bona fide purchaser for value shall take such title or interest as he or she might have taken prior to the effective date of this section and no purchaser for value need see to the application of the proceeds of such purchase except to the extent he or she would have been required so to do prior to the effective date of this section: Provided, however, That as to third parties nothing in this section shall be construed to limit or otherwise defeat the interests or rights to property which any husband or wife would have had in property prior to the enactment of this section or prior to the adoption of the doctrine of equitable distribution by the supreme court of appeals on the twenty-fifth day of May, one thousand nine hundred eighty-three: Provided further, That no order entered under this article shall be construed to defeat the title of a third party transferee thereof except to the extent that the power to effect such a transfer of title or interest in such property is secured by a valid and duly perfected lien and, as to any personal property, secured by a duly perfected security interest.
(i) Notwithstanding the provisions of chapter eleven of this code, no transfer of interest in or title to property under this section shall be taxable as a transfer of property without consideration nor, except as to alimony, create liability for sales, use, inheritance and transfer or income taxes due the state or any political subdivision nor require the payment of the excise tax imposed under article twenty-two, chapter eleven of this code.
(j) Whenever under the terms of this article a court enters an order requiring a division of property, if the court anticipates the division of property will be effected by requiring sums to be paid out of "disposable retired or retainer pay" as that term is defined in 10 U.S.C. §1408, relating to members or former members of the uniformed services of the United States, the court shall specifically provide for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of the payor party to the payee party.
(k) The amendments to this section effected by the reenactment of this section during the regular session of the Legislature, one thousand nine hundred ninety-six, are to be applied prospectively and shall have no application to any action for annulment, divorce or separate maintenance that was commenced on or before the effective date of this section.
CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.

ARTICLE 1. GENERAL PROVISIONS.

§48A-1-3. Calculation of interest.

If an obligation to pay interest arises under this chapter , the rate of interest is that specified in section thirty-one, article six, chapter fifty-six of this code. Interest shall accrue only upon the outstanding principal of such obligation. On and after the ninth day of June, one thousand nine hundred ninety- five, this section shall be construed to permit the accumulation of simple interest, and may not be construed to permit the compounding of interest. Interest which accrued on unpaid installments accruing before the ninth day of June, one thousand nine hundred ninety-five, may not be modified by any court, irrespective of whether such installment accrued simple or compound interest: Provided, That unpaid installments upon which interest was compounded before the effective date of this section shall accrue only simple interest thereon on and after the ninth day of June, one thousand nine hundred ninety-five.
ARTICLE 1A. DEFINITIONS.

§48A-1A-1. Application of definitions.

For purposes of this chapter and chapter forty-eight of this code, unless the context clearly requires otherwise, the words and phrases defined in the following sections of this article, and any variations of those words and phrases required by the context, shall have the meanings ascribed to them in this article.
§48A-1A-2. Adjusted gross income.

(a) "Adjusted gross income" means gross income less the payment of previously ordered child support, spousal support or separate maintenance.
(b) A further deduction from gross income for additional dependents may be allowed by the court or master if the support obligor has legal dependents other than those for whom support is being determined. An adjustment may be used in the establishment of a child support order or in a review of a child support order. However, in cases where a modification is sought, the adjustment should not be used to the extent that it results in a support amount lower than the previously existing order for the children who are the subject of the modification. The court or master may elect to use the following adjustment because it allots equitable shares of support to all of the support obligor's legal dependents. Using the income of the support obligor only, determine the basic child support obligation (from the Table of Basic Child Support Obligations in section three, article one-b of this chapter) for the number of additional legal dependents living with the support obligor. Multiply this figure by 0.75 and subtract this amount from the support obligor's gross income.
§48A-1A-3. Attributed income.

(a) "Attributed income" means income not actually earned by an obligor, but which may be attributed to the obligor because he or she is unemployed, is not working full time, or is working below full earning capacity. Income may be attributed to an obligor if the court or master evaluates the obligor's earning capacity in the local economy (giving consideration to relevant evidence that pertains to the obligor's work history, qualifications, education and physical or mental condition) and determines that the obligor is unemployed, is not working full time, or is working below full earning capacity.
(b) If an obligor: (1) Voluntarily leaves employment or voluntarily alters his or her pattern of employment so as to be unemployed, underemployed or employed below full earning capacity; (2) is able to work and is available for full-time work for which he or she is fitted by prior training or experience; and (3) is not seeking employment in the manner that a reasonably prudent person in his or her circumstances would do, then an alternative method for the court or master to determine gross income is to attribute to the person an earning capacity based on his or her previous income. If the obligor's work history, qualifications, education or physical or mental condition cannot be determined, or if there is an inadequate record of the obligor's previous income, the court or master may, as a minimum, base attributed income on full-time employment (at forty hours per week) at the federal minimum wage in effect at the time the support obligation is established.
(c) Income shall not be attributed to an obligor who is unemployed or underemployed or is otherwise working below full earning capacity if any of the following conditions exist:
(1) The parent is providing care required by the children to whom the parties owe a joint legal responsibility for support, and such children are of preschool age or are handicapped or otherwise in a situation requiring particular care by the parent;
(2) The parent is pursuing a plan of economic self- improvement which will result, within a reasonable time, in an economic benefit to the children to whom the support obligation is owed, including, but not limited to, self-employment or education: Provided, That if the parent is involved in an educational program, the court or master shall ascertain that the person is making substantial progress toward completion of the program;
(3) The parent is, for valid medical reasons, earning an income in an amount less that previously earned; or
(4) The court or master makes a written finding that other circumstances exist which would make the attribution of income inequitable: Provided, That in such case, the court or master may decrease the amount of attributed income to an extent required to remove such inequity.
§48A-1A-4. Automatic data processing and retrieval system.

(a) "Automatic data processing and retrieval system" means a computerized data processing system designed to do the following:
(1) To control, account for and monitor all of the factors in the support enforcement collection and paternity determination process, including, but not limited to:
(A) Identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses and mailing addresses of any individual with respect to whom support obligations are sought to be established or enforced and with respect to any person to whom such support obligations are owing) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screening to determine whether such individual is paying or is obligated to pay support in more than one jurisdiction;
(B) Checking of records of such individuals on a periodic basis with federal, interstate, intrastate and local agencies;
(C) Maintaining the data necessary to meet applicable federal reporting requirements on a timely basis; and
(D) Delinquency and enforcement activities;
(2) To control, account for and monitor the collection and distribution of support payments (both interstate and intrastate) the determination, collection and distribution of incentive payments (both interstate and intrastate), and the maintenance of accounts receivable on all amounts owed, collected and distributed;
(3) To control, account for and monitor the costs of all services rendered, either directly or by exchanging information with state agencies responsible for maintaining financial management and expenditure information;
(4) To provide access to the records of the department of health and human resources or aid to families with dependent children in order to determine if a collection of a support payment causes a change affecting eligibility for or the amount of aid under such program;
(5) To provide for security against unauthorized access to, or use of, the data in such system;
(6) To facilitate the development and improvement of the income withholding and other procedures designed to improve the effectiveness of support enforcement through the monitoring of support payments, the maintenance of accurate records regarding the payment of support and the prompt provision of notice to appropriate officials with respect to any arrearage in support payments which may occur; and
(7) To provide management information on all cases from initial referral or application through collection and enforcement.
§48A-1A-5. Basic child support obligation.

"Basic child support obligation" means the base amount of child support due by both parents as determined by the table of basic child support obligations set forth in section three, article one-b of this chapter, based upon the combined adjusted gross income of the parents and the number of children to whom support is due.
§48A-1A-6. Chief judge.

"Chief judge" means the circuit judge in a judicial circuit that has only one circuit judge, or the chief judge of the circuit court in a judicial circuit that has two or more circuit judges.
§48A-1A-7. Child support enforcement division.

"Child support enforcement division" means the agency created under the provisions of article two of this chapter, or any public or private entity or agency contracting to provide a service. The "child advocate office" or" child support enforcement division" is that agency intended by the Legislature to be the single and separate organizational unit of state government administering programs of child and spousal support enforcement and meeting the staffing and organizational requirements of the secretary of the federal department of health and human services. A reference in this chapter and elsewhere in this code to the "child advocate office" shall be interpreted to refer to the child support enforcement division.
§48A-1A-8. Children's advocate.

"Children's advocate" or "advocate" means any public or private agency, entity or person providing child support enforcement services required by this chapter. The term includes those persons or agencies or entities providing services under the direction of or pursuant to a contract with the child support enforcement division as provided for in article two of this chapter and in any such contract.
§48A-1A-9. Combined adjusted gross income.

"Combined adjusted gross income" means the combined monthly adjusted gross incomes of both parents.
§48A-1A-10. Contingent fee agreement.

(a) "Contingent fee agreement" means a contract under which an attorney may be compensated for work in progress, dependent on the occurrence of some future event which is not certain and absolute. As such, a contingent fee agreement is not an asset, but is potential income or income capacity. This potential income may have current value, and a portion of that current value, if any, may be considered to be a marital asset. In the event a party seeks to quantify the current value of a particular contingent fee agreement for the purpose of establishing the value of the agreement as marital property, the court must find that the party has proved such value by a preponderance of the evidence. Factors to be considered by the court include, but are not limited to, the following:
(1) The nature of the particular case or claim which underlies the agreement;
(2) The jurisdiction or venue of any projected trial or proceeding;
(3) Any historical data relevant to verdicts or settlements within the jurisdiction where the case or claim is pending or may be brought;
(4) The terms and particulars of the agreement;
(5) The status of the case or claim at valuation date;
(6) The amount of time spent working on the case or claim prior to the valuation date, and an analysis of the nature of how that time was spent, including, but not limited to, such activities such as investigation, research, discovery, trial or appellate practice;
(7) The extent of the person's active role in the work in process, whether as an actual participant or as an indirect participant such as a partner, local counsel or other ancillary role;
(8) The age of the case or claim;
(9) The expenses accrued or projected to bring the case or claim to resolution, including any office overhead attributable to case or claim; and
(10) The probable tax consequences attendant to a successful resolution of the case or claim.
(b) The provisions of this section as enacted during the regular session of the Legislature, one thousand nine hundred ninety-six, are to be applied prospectively and shall have no application to any action for annulment, divorce or separate maintenance that was commenced on or before the effective date of this section.
§48A-1A-11. Court.

"Court" means a circuit court of this state, unless the context in which such term is used clearly indicates that reference to some other court is intended.
§48A-1A-12. Court of competent jurisdiction.

"Court of competent jurisdiction" means a circuit court within this state or a court or administrative agency of another state having jurisdiction and due legal authority to deal with the subject matter of the establishment and enforcement of support obligations. Whenever in this chapter reference is made to an order of a court of competent jurisdiction, or similar wording, such language shall be interpreted so as to include orders of an administrative agency entered in a state where enforceable orders may by law be properly made and entered by such administrative agency.
§48A-1A-13. Custodial parent.

"Custodial parent" or "custodial parent of a child" means a parent who has been granted custody of a child by a court of competent jurisdiction. "Noncustodial parent" means a parent of a child with respect to whom custody has been adjudicated with the result that such parent has not been granted custody of the child.
§48A-1A-14. Director.

"Director" means any person appointed pursuant to section thirteen, article two of this chapter, who directs all child support establishment and enforcement services for the child support enforcement division.
§48A-1A-15. Domestic relations matter.

"Domestic relations matter" means any circuit court proceeding involving child custody, child visitation, child support or alimony.
§48A-1A-16. Employer.

"Employer" means any individual, sole proprietorship, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state and any other legal entity which hires and pays an individual for his services.
§48A-1A-17. Extraordinary medical expenses.

"Extraordinary medical expenses" means reasonable uninsured medical expenses in excess of two hundred fifty dollars per year per child which are recurring and can reasonably be predicted by the court or master at the time of establishment or modification of a child support order. Nonrecurring or subsequently occurring uninsured medical expenses in excess of two hundred fifty dollars per year per child shall be separately divided between the parties in proportion to their adjusted gross incomes. Such expenses shall include, but not be limited to, insurance copayments and deductibles, reasonable costs for necessary orthodontia, dental treatment, asthma treatments, physical therapy, and any uninsured chronic health problem.
§48A-1A-18. Family law master.

"Family law master" or "master" means a person appointed to such position under the provisions of section one, article four of this chapter.
§48A-1A-19. Gross income.

(a) "Gross income" means all earned and unearned income. When determining whether an income source should be included in the child support calculation, the court or master should consider the income source if it would have been available to pay child- rearing expenses had the family remained intact or, in cases involving a nonmarital birth, if a household had been formed.
(b) "Gross income" includes, but is not limited to, the following:
(1) Earnings in the form of salaries, wages, commissions, fees, bonuses, profit sharing, tips and other income due or to be due in the future to an obligor from his employer and successor employers;
(2) Any payment due or to be due in the future to an obligor from a pension plan, an insurance contract, an annuity, social security benefits, unemployment compensation, supplemental employment benefits, workers' compensation benefits, and state lottery winnings and prizes ;
(3) Interest paid on any debt owing to the obligor as a debt from an individual, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state or any other legal entity;
(4) Expense reimbursements or in-kind payments such as business expense accounts, business credit accounts, and tangible property such as automobiles and meals, to the extent that they provide the obligor with property or services he or she would otherwise have to provide;
(5) Attributed income of the parent, calculated in accordance with the provisions of section three, article one-a of this chapter;
(6) Compensation paid for personal services as overtime pay: Provided, That overtime compensation may be excluded from gross income if the obligor with the overtime income demonstrates to the court or master that the overtime work is voluntarily performed and that he or she did not have a previous pattern of working overtime hours prior to divorce or birth of a nonmarital child;
(7) Income from self-employment or the operation of a business, minus ordinary and necessary expenses which are not reimbursable, and which are lawfully deductible in computing taxable income under applicable income tax laws;
(8) Income from seasonal employment or other sporadic sources: Provided, That the amount of monthly income to be included in gross income shall be determined by averaging the income from seasonal employment or other sporadic sources received during the previous thirty-six-month period or during a period beginning with the month in which the obligor first received such compensation, whichever period is shorter; and
(9) Alimony and separate maintenance receipts.
(c) Depending on the circumstances of the particular case, the court or master may also include severance pay, capital gains, and net gambling, gifts or prizes as gross income.
(d) "Gross Income" does not include:
(1) Income received by other household members such as a new spouse;
(2) Child support received for the children of another relationship;
(3) Means-tested assistance such as aid to families with dependent children, supplemental security income and food stamps; and
(4) A child's income unless the court or master determines that the child's income substantially reduces the family's living expenses.
§48A-1A-20. Guardian of the property of a child.

"Guardian of the property of a child" means a person lawfully invested with the power, and charged with the duty, of managing and controlling the estate of a child.
§48A-1A-21. Individual entitled to support enforcement services under the provisions of this chapter and the provisions of Title IV-D of the federal Social Security Act.

"Individual entitled to support enforcement services under the provisions of this chapter and the provisions of Title IV-D of the federal Social Security Act" means:
(1) An individual who has applied for or is receiving services from the child support enforcement division and who is the custodial parent of a child, or the primary caretaker of a child, or the guardian of the property of a child when:
(A) Such child has a parent and child relationship with an obligor who is not such custodial parent, primary caretaker or guardian; and
(B) The obligor with whom the child has a parent and child relationship is not meeting an obligation to support the child, or has not met such obligation in the past; or
(2) An individual who has applied for or is receiving services from the child support enforcement division and who is an adult or an emancipated minor whose spouse or former spouse has been ordered by a court of competent jurisdiction to pay spousal support to the individual, whether such support is denominated alimony or separate maintenance, or is identified by some other terminology, thus establishing a support obligation with respect to such spouse, when the obligor required to pay such spousal support is not meeting the obligation, or has not met such obligation in the past; or
(3) Any individual who is an obligee in a support order, entered by a court of competent jurisdiction after the thirty- first day of December, one thousand nine hundred ninety-three.
§48A-1A-22. Obligee.

"Obligee" means:
(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
(2) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(3) An individual seeking a judgment determining parentage of the individual's child.
§48A-1A-23. Obligor.

"Obligor" means an individual or the estate of a decedent:
(1) Who owes or is alleged to owe a duty of support;
(2) Who is alleged, but has not been adjudicated, to be a parent of a child; or
(3) Who is liable under a support order.

§48A-1A-24. Primary caretaker of a child.

"Primary caretaker of a child" means a parent or other person having actual physical custody of a child without a court order granting such custody and who has been primarily responsible for exercising parental rights and responsibilities with regard to such child.
§48A-1A-25. Secretary.

"Secretary" means the secretary of the department of health and human resources.
§48A-1A-26. Shared physical custody.

"Shared physical custody" means an arrangement under which each parent keeps a child or children overnight for more than thirty percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.
§48A-1A-27. Source of income.

"Source of income" means an employer or successor employer or any other person who owes or will owe income to an obligor.
§48A-1A-28. Split physical custody.

"Split physical custody" means a situation where there is more than one child and where each parent has physical custody of at least one child.
§48A-1A-29. Support.

"Support" means the payment of money including interest:
(A) For a child or spouse, ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent or modified order, decree or judgment of such court, and the amount of unpaid support shall bear simple interest from the date it accrued, at a rate of ten dollars upon one hundred dollars per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;
(B) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile or payments for day care; and/or
(C) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
§48A-1A-30. Support order.

"Support order" means any order of a court of competent jurisdiction for the payment of support, whether or not for a sum certain.
§48A-1A-31. Unreimbursed health care expenses.

"Unreimbursed medical expenses" means the child's portion of health insurance premiums and extraordinary medical expenses.
§48A-1A-32. Work-related child care costs.

"Work-related child care costs" shall mean the cost of child care the parent incurs due to employment or the search for employment.
ARTICLE 1B. GUIDELINES FOR CHILD SUPPORT AWARDS.

§48A-1B-1. General provisions.

(a) This section establishes guidelines for child support award amounts so as to ensure greater uniformity by those persons who make child support recommendations and enter child support orders and to increase predictability for parents, children and other persons who are directly affected by child support orders. There shall be a rebuttable presumption, in any proceeding before a family law master or circuit court judge for the award of child support, that the amount of the award which would result from the application of these guidelines is the correct amount of child support to be awarded.
(b) The Legislature recognizes that children have a right to share in their natural parents' level of living. Expenditures in families are not made in accordance with subsistence level standards, but are made in proportion to household income, and as parental incomes increase or decrease, the actual dollar expenditures for children also increase or decrease correspondingly. In order to ensure that children properly share in their parents' resources, regardless of family structure, the guidelines are structured so as to provide that after a consideration of respective parental incomes, that child support will be related, to the extent practicable, to the level of living that children would enjoy if they were living in a household with both parents present.
(c) The guidelines promulgated under the provisions of this section take into consideration the financial contributions of both parents. The Legislature recognizes that expenditures in households are made in aggregate form and that total family income is pooled to determine the level at which the family can live. The guidelines consider the financial contributions of both parents in relationship to total income, so as to establish and equitably apportion the child support obligation.
(d) The provisions of this article which would create a new method of calculating child support obligations based on an income shares model shall not become operative until the first day of July, one thousand nine hundred ninety-seven. The child support guidelines in effect on the first day of January, one thousand nine hundred ninety-six, as promulgated by legislative rule, shall continue in effect, notwithstanding the repeal of section seventeen, article two of this chapter during the regular session of the Legislature, one thousand nine hundred ninety-six. To the extent that any definition set forth in article one-a of this chapter is inconsistent with the manner of calculating a support obligation under the legislative rule establishing child support guidelines that is in effect on the first day of January, one thousand nine hundred ninety-six, such definition shall have no application until the first day of July, one thousand nine hundred ninety-seven.
§48A-1B-2. Calculation of child support order.

(a) Both parents' adjusted gross income, as defined in section two, article one-a of this chapter, is used to determine the amount of child support. Unreimbursed child health care expenses and work-related child care expenses are added to the basic child support obligation to determine the total child support obligation. The child support order is determined by dividing the total child support obligation between the parents in proportion to their income.
(b) The calculation of the support order amount requires the use of one of two worksheets which must be completed for each case. Worksheet A is used for a sole physical custody arrangement. Worksheet B is used for a shared physical custody arrangement.
§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:
MONTHLY BASIC CHILD SUPPORT OBLIGATIONS


Combined
Adjusted
Gross
MonthlyOneTwoThreeFourFiveSix
IncomeChildrenChildrenChildrenChildrenChildrenChildren

650505050505050
700717273747575
750101103104105106107
800135136138139141142
850168170172174176178
900184204206209211213
950193238240243246248
1,000201272275278281284
1,050210306309312316319
1,100218329343347351354
1,150227342377381385390
1,200235355411416420425
1,250243368436450455459
1,300252381451484489494
1,350261393465514524529
1,400270405479529558564
1,450279417493545590599
1,500289429507560607634
1,550298441521576624668
1,600307453535591641686
1,650316465549607658704
1,700325477563623675722
1,750334489578638692740
1,800344501592654709758
1,850353513606669726776
1,900361525620685742794
1,950370537634701759812
2,000378549648716776831
2,050386561662732793849
2,100395573676747810867
2,150403585690763827885
2,200411597704778844903
2,250420609718794860921
2,300428621732809877939
2,350436633746825894957
2,400445645760840911975
2,450453657774856927992
2,5004606687878699421,008
2,5504676777988829561,023
2,6004746878098949691,037
2,6504806968209069821,051
2,7004877068319189951,065
2,7504947158429301,0081,079
2,8005007258539421,0221,093
2,8505077348649551,0351,107
2,9005147448759671,0481,122
2,9505207538869791,0611,136
3,0005277638979911,0741,150
3,0505347729081,0031,0881,164
3,1005407829191,0161,1011,178
3,1505467909291,0261,1131,191
3,2005517979371,0361,1231,201
3,2505568049461,0451,1331,212
3,3005608119541,0541,1431,223
3,3505658189631,0641,1531,234
3,4005708259711,0731,1631,245
3,4505758329801,0831,1741,256
3,5005798399881,0921,1841,267
3,5505848469971,1011,1941,277
3,6005898531,0051,1111,2041,288
3,6505948601,0141,1201,2141,299
3,7005988671,0221,1291,2241,310
3,7506038741,0301,1381,2341,320
3,8006088811,0381,1481,2441,331
3,8506128871,0461,1561,2531,341
3,9006168931,0521,1631,2601,348
3,9506208981,0581,1691,2671,356
4,0006249041,0641,1761,2751,364
4,0506289091,0701,1831,2821,372
4,1006329151,0761,1901,2891,380
4,1506369201,0831,1961,2971,387
4,2006409261,0891,2031,3041,395
4,2506449311,0951,2101,3111,403
4,3006489371,1011,2171,3191,411
4,3506529421,1071,2231,3261,419
4,4006579481,1131,2301,3331,427
4,4506619531,1191,2371,3411,434
4,5006659591,1251,2441,3481,442
4,5506699641,1311,2501,3551,450
4,6006719691,1361,2551,3611,456
4,6506749721,1411,2601,3661,462
4,7006779761,1451,2651,3721,468
4,7506799801,1501,2701,3771,473
4,8006829841,1541,2751,3821,479
4,8506849871,1581,2801,3871,484
4,9006879911,1631,2851,3921,490
4,9506899951,1671,2891,3981,495
5,0006929981,1711,2941,4031,501
5,0506941,0021,1761,2991,4081,506
5,1006971,0061,1801,3041,4131,512
5,1507001,0101,1851,3091,4191,518
5,2007031,0141,1891,3141,4241,524
5,2507041,0151,1911,3171,4271,527
5,3007091,0231,2001,3261,4371,538
5,3507141,0301,2081,3351,4471,549
5,4007191,0371,2161,3441,4571,559
5,4507251,0451,2251,3531,4671,570
5,5007301,0521,2331,3631,4771,580
5,5507351,0591,2411,3721,4871,591
5,6007401,0661,2501,3811,4971,602
5,6507451,0741,2581,3901,5071,612
5,7007501,0811,2661,3991,5171,623
5,7507561,0881,2751,4091,5271,634
5,8007611,0961,2831,4181,5371,644
5,8507661,1031,2911,4271,5471,655
5,9007711,1101,2991,4361,5571,666
5,9507761,1171,3081,4451,5671,676
6,0007811,1241,3151,4541,5761,686
6,0507851,1301,3221,4611,5841,695
6,1007891,1351,3291,4691,5921,703
6,1507931,1411,3361,4761,6001,712
6,2007971,1471,3431,4841,6091,721
6,2508011,1531,3501,4911,6171,730
6,3008051,1581,3561,4991,6251,738
6,3508091,1641,3631,5071,6331,747
6,4008131,1701,3701,5141,6411,756
6,4508171,1761,3771,5221,6491,765
6,5008211,1821,3841,5291,6581,773
6,5508251,1871,3911,5371,6661,782
6,6008291,1931,3971,5441,6741,791
6,6508331,1991,4041,5521,6821,800
6,7008371,2051,4111,5591,6901,809
6,7508411,2111,4181,5671,6991,817
6,8008451,2161,4251,5751,7071,826
6,8508491,2221,4321,5821,7151,835
6,9008531,2281,4381,5901,7231,844
6,9508571,2341,4451,5971,7311,852
7,0008611,2401,4521,6051,7401,861
7,0508651,2461,4601,6131,7481,871
7,1008701,2531,4671,6211,7571,881
7,1508741,2591,4751,6301,7661,890
7,2008791,2661,4821,6381,7761,900
7,2508831,2721,4901,6461,7851,910
7,3008881,2791,4971,6551,7941,919
7,3508931,2851,5051,6631,8031,929
7,4008971,2921,5131,6711,8121,939
7,4509021,2981,5201,6801,8211,949
7,5009061,3051,5281,6881,8301,958
7,5509111,3111,5351,6971,8391,968
7,6009151,3181,5431,7051,8481,978
7,6509201,3241,5501,7131,8571,987
7,7009251,3311,5581,7221,8661,997
7,7509291,3371,5661,7301,8752,007
7,8009341,3441,5731,7381,8842,017
7,8509381,3501,5811,7471,8942,026
7,9009431,3571,5881,7551,9032,036
7,9509471,3631,5961,7631,9122,046
8,0009521,3701,6031,7721,9212,055
8,0509561,3761,6111,7801,9302,065
8,1009611,3831,6191,7891,9392,075
8,1509661,3891,6261,7971,9482,084
8,2009701,3961,6341,8051,9572,094
8,2509751,4021,6411,8141,9662,104
8,3009791,4091,6491,8221,9752,114
8,3509841,4151,6561,8301,9842,123
8,4009881,4221,6641,8391,9932,133
8,4509921,4281,6711,8462,0022,142
8,5009961,4331,6781,8542,0102,151
8,5501,0001,4391,6851,8622,0182,160
8,6001,0041,4451,6921,8692,0272,168
8,6501,0081,4511,6991,8772,0352,177
8,7001,0121,4571,7061,8852,0432,186
8,7501,0161,4631,7131,8932,0522,195
8,8001,0201,4691,7201,9002,0602,204
8,8501,0241,4751,7271,9082,0692,213
8,9001,0281,4801,7341,9162,0772,222
8,9501,0321,4861,7411,9232,0852,231
9,0001,0361,4921,7481,9312,0942,240
9,0501,0401,4981,7551,9392,1022,249
9,1001,0441,5041,7621,9462,1102,258
9,1501,0481,5101,7691,9542,1192,267
9,2001,0531,5161,7761,9622,1272,276
9,2501,0571,5221,7831,9702,1352,285
9,3001,0611,5281,7901,9772,1442,294
9,3501,0651,5331,7971,9852,1522,302
9,4001,0691,5391,8041,9932,1602,311
9,4501,0731,5451,8112,0002,1692,320
9,5001,0771,5511,8172,0082,1772,329
9,5501,0811,5571,8242,0162,1852,338
9,6001,0851,5631,8312,0232,1942,347
9,6501,0891,5691,8382,0312,2022,356
9,7001,0931,5751,8452,0392,2102,365
9,7501,0971,5811,8532,0472,2192,375
9,8001,1011,5861,8592,0542,2272,383
9,8501,1041,5911,8652,0612,2342,391
9,9001,1081,5961,8722,0682,2422,399
9,9501,1111,6011,8782,0752,2492,407
10,0001,1151,6071,8842,0822,2572,415
10,0501,1181,6121,8902,0892,2642,423
10,1001,1221,6171,8972,0962,2722,431
10,1501,1261,6221,9032,1032,2792,439
10,2001,1291,6271,9092,1102,2872,447
10,2501,1331,6321,9152,1162,2942,455
10,3001,1361,6381,9222,1232,3022,463
10,3501,1401,6431,9282,1302,3092,471
10,4001,1431,6481,9342,1372,3162,478
10,4501,1461,6521,9392,1432,3232,486
10,5001,1491,6571,9452,1492,3302,493
10,5501,1531,6621,9512,1562,3372,500
10,6001,1561,6671,9572,1622,3442,508
10,6501,1591,6721,9622,1682,3512,515
10,7001,1621,6761,9682,1752,3572,522
10,7501,1661,6811,9742,1812,3642,530
10,8001,1691,6861,9802,1882,3712,537
10,8501,1721,6911,9852,1942,3782,545
10,9001,1751,6951,9912,2002,3852,552
10,9501,1781,7001,9972,2072,3922,559
11,0001,1821,7052,0032,2132,3992,567
11,0501,1851,7102,0082,2192,4062,574
11,1001,1881,7142,0142,2262,4122,581
11,1501,1911,7192,0202,2322,4192,589
11,2001,1951,7242,0262,2382,4262,596
11,2501,1981,7292,0322,2452,4342,604
11,3001,2021,7362,0392,2542,4432,614
11,3501,2061,7422,0472,2622,4522,624
11,4001,2101,7482,0552,2702,4612,633
11,4501,2141,7542,0622,2792,4702,643
11,5001,2191,7602,0702,2872,4792,653
11,5501,2231,7672,0772,2952,4882,662
11,6001,2271,7732,0852,3042,4972,672
11,6501,2311,7792,0922,3122,5062,682
11,7001,2351,7852,1002,3202,5162,691
11,7501,2391,7912,1072,3292,5252,701
11,8001,2431,7982,1152,3372,5342,711
11,8501,2481,8042,1232,3452,5432,720
11,9001,2521,8102,1302,3542,5522,730
11,9501,2561,8162,1382,3622,5612,740
12,0001,2601,8222,1452,3702,5702,750
12,0501,2641,8292,1532,3792,5792,759
12,1001,2681,8352,1602,3872,5882,769
12,1501,2721,8412,1682,3952,5972,779
12,2001,2771,8472,1752,4042,6062,788
12,2501,2811,8532,1832,4122,6152,798
12,3001,2851,8602,1912,4212,6242,808
12,3501,2891,8662,1982,4292,6332,817
12,4001,2931,8722,2062,4372,6422,827
12,4501,2971,8782,2132,4462,6512,837
12,5001,3011,8842,2212,4542,6602,846
12,5501,3061,8912,2282,4622,6692,856
12,6001,3101,8972,2362,4712,6782,866
12,6501,3141,9032,2432,4792,6872,875
12,7001,3181,9092,2512,4872,6972,885
12,7501,3221,9162,2582,4952,7052,894
12,8001,3251,9202,2632,5012,7112,901
12,8501,3281,9242,2682,5072,7172,907
12,9001,3311,9282,2732,5122,7232,913
12,9501,3341,9332,2782,5182,7292,920
13,0001,3371,9372,2832,5232,7352,926
13,0501,3401,9412,2882,5292,7412,933
13,1001,3431,9452,2932,5342,7472,939
13,1501,3461,9502,2982,5402,7532,945
13,2001,3491,9542,3032,5452,7592,952
13,2501,3521,9582,3082,5512,7652,958
13,3001,3551,9632,3132,5562,7712,964
13,3501,3581,9672,3182,5622,7772,971
13,4001,3611,9712,3232,5672,7832,977
13,4501,3641,9752,3282,5732,7892,984
13,5001,3671,9802,3332,5782,7942,990
13,5501,3701,9842,3382,5842,8002,996
13,6001,3731,9882,3432,5892,8063,003
13,6501,3761,9932,3482,5952,8123,009
13,7001,3791,9972,3532,6002,8183,016
13,7501,3822,0012,3582,6062,8243,022
13,8001,3852,0052,3632,6112,8303,028
13,8501,3882,0102,3682,6172,8363,035
13,9001,3912,0142,3732,6222,8423,041
13,9501,3942,0182,3782,6282,8483,048
14,0001,3972,0232,3832,6332,8543,054
14,0501,4002,0272,3882,6392,8603,060
14,1001,4032,0312,3932,6442,8663,067
14,1501,4062,0352,3982,6502,8723,073
14,2001,4092,0402,4032,6552,8783,080
14,2501,4122,0442,4082,6612,8843,086
14,3001,4152,0482,4132,6662,8903,092
14,3501,4182,0522,4182,6722,8963,099
14,4001,4212,0572,4232,6772,9023,105
14,4501,4242,0612,4282,6832,9083,112
14,5001,4272,0652,4332,6892,9143,118
14,5501,4302,0702,4382,6942,9203,124
14,6001,4332,0742,4432,7002,9263,131
14,6501,4362,0782,4482,7052,9323,137
14,7001,4392,0822,4532,7112,9383,144
14,7501,4422,0872,4582,7162,9443,150
14,8001,4452,0912,4632,7222,9503,156
14,8501,4482,0952,4682,7272,9563,163
14,9001,4512,1002,4732,7332,9623,169
14,9501,4542,1042,4782,7382,9683,176
15,0001,4572,1082,4832,7442,9743,182
(b) This subsection provides for incomes below table. If combined adjusted gross income is below six 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 or master based on the resources and living expenses of the obligor and the number of children due support. The amount shall not deny the obligor the means for self-support at a minimum subsistence level, yet a specific amount of child support should always be ordered, no matter how minimal, to establish the principle of that parent's obligation to provide monetary support to the child or children.
(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 or master 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.
(d) When the amount of a support obligation exceeds two thousand dollars per month per child, the court or master may order a portion of the excess over two thousand dollars per month to be invested or placed in trust for the benefit of the child or children. The court or master may place terms and conditions on the access to the moneys as are in the best interests of the child or children: Provided, That the court or master shall order that all funds so invested or held in trust shall be paid over and delivered to the child or children at their majority or emancipation.
§48A-1B-4. Child health care.

(a) A child support order shall also provide for the child's current and future medical needs by providing relief in accordance with the provisions of section fifteen-a, article two, chapter forty-eight of this code.
(b) The payment of a premium to provide health insurance coverage on behalf of the children subject to the order shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income. The amount to be added to the basic child support obligation shall be the actual amount of the total insurance premium that is attributable to the number of children due support. If this amount is not available or cannot be verified, the total cost of the premium should be divided by the total number of persons covered by the policy. The cost per person derived from this calculation shall be multiplied by the number of children who are the subject of the order and who are covered under the policy.
(c) After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross income, the amount of the health insurance premium added to the basic child support obligation shall be deducted from the support obligor's share of the total child support obligation if the support obligor is actually paying the premium.
(d) Extraordinary medical expenses shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.
§48A-1B-5. Work-related child care costs; deduction of tax credit.

(a) The amount of the federal tax credit for child care expenses that can be realized by the custodial parent should be deducted 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 children -- $2,350.
(b) Work related child care costs 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.
§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 or master less any extraordinary credits agreed to by the parents or ordered by the court or master.
(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 CustodyCASE NO.


COURT: ________________________________ COUNTY: ___________________________, WEST VIRGINIA

In re the Marriage of: _________________________Petitioner and _______________________ Respondent
       
Children Date of Birth Children Date of Birth
       
       
       
       
  Mother Father Combined
1. MONTHLY GROSS INCOME $ $  
a. Minus preexisting child support payment
 		- -  
b. Minus maintenance paid
 		- -  
c. Minus responsibility for other children
 		- -  
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 (Amount from Schedule)

(Apply line 2 Combined to Child Support Schedule.)
 		    $
5.
ADJUSTMENTS (Expenses paid directly by each parent)

a.
Work-Related Child Care Costs (Actual costs minus Federal Tax Credit.)


$

$ 		 
b.
Extraordinary Health Care 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 or master.)
 		$ $  
d. Minus Extraordinary Adjustments.
 		$ $  
e.
Total Adjustments (For each column, add 5a, 5b, and 5c. Subtract line 5d. Add two totals 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.)
 		$ $  
Comments, calculations, or rebuttals to schedule or adjustments if noncustodial parent directly pays extraordinary expenses.




PREPARED BY:

 		Date:

(d) In a case where the actual or attributed income of a party, if factored into the computation of child support would result in the obligation of the other party being increased rather than decreased because of a self-support reserve built into the calculations, then such actual or attributed income shall not be considered.
§48A-1B-7. Shared physical custody adjustment.

(a) Child support for cases with shared physical custody shall be calculated using the Worksheet B. The following method should be used only for shared physical custody as defined in section twenty-six, article one-a of this chapter: That is, cases where each parent has the child for more than one hundred nine days per year (thirty percent). In addition, a shared physical custody adjustment shall only be made if the sum of the obligee gross adjusted monthly income and the child support order award is above two and one-half times the U.S. poverty guideline for the parent with the highest level of physical custody (if custody is not equally shared) and the number of children for whom support is being determined.
(b) The basic child support obligation shall be multiplied by 1.5 to arrive at a shared custody basic child support obligation. The shared custody basic child support obligation is apportioned to each parent according to his or her income. In turn, a child support obligation is computed for each parent by multiplying that parent's portion of the shared custody child support obligation by the percentage of time the child spends with the other parent. The respective child support obligations are then offset, with the parent owing more child support paying the difference between the two amounts.
(c) Final adjustments are made by adding the obligor's share of 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 or master less any credits to the obligor for the obligor's direct expenditures on the child's unreimbursed health care expenses, and extraordinary credits agreed to by the parents or ordered by the court or master.
(d) Child support for shared physical custody cases shall be calculated using the following worksheet:
Worksheet B: Shared Physical CustodyCASE NO.


COURT: _________________________________ COUNTY: __________________________, WEST VIRGINIA

In re the Marriage of: _________________________Petitioner and _______________________ Respondent


Children Date of Birth Children Date of Birth
       
       
       
       
  Mother Father Combined
1. MONTHLY GROSS INCOME $ $  
a. Minus preexisting child support payment and maintenance paid
 		- -  
b. Minus responsibility for other children
 		- -  
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 (Amount from Schedule)

(Apply line 2 Combined to Child Support Schedule.)
 		    $
5.
SHARED CUSTODY BASIC OBLIGATION (line 4 x 1.50)
 		    $
6.
EACH PARENT'S SHARE (Line 5 x each parent's line 3)
 		$ $  
7.
OVERNIGHT 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 (subtract line 9 from line 6)
 		$ $  
11.
AMOUNT TRANSFERRED (subtract smaller amount on line 10 from larger amount on line 10). Parent with larger amount on line 10 pays other parent the difference.

$

$ 		 
12.
ADJUSTMENTS (Expenses paid directly by each parent)

a.
Work-Related Child Care Costs (Actual costs minus Federal Tax Credit.)

$

$ 		 
b.
Extraordinary Health Care 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 or master.)
$
$ 		 
d.
Minus Extraordinary Adjustments
 		- -  
e.
Total Adjustments (For each column, add 12a, 12b, and 12c. Subtract line 12d. Add two totals for Combined amount.)
$
$
$
13.
EACH PARENT'S SHARE OF THE TOTAL ADJUSTMENTS (Line 3 x line 12e for each parent)
$
$ 		 
14.
ADJUSTMENTS PAID IN EXCESS OF SHARE

(Line 12e minus line 13. If negative number, enter zero.)
$
$ 		 
15.
EACH PARENT'S ADJUSTED SUPPORT OBLIGATION

(Line 11 minus line 14)
$
$ 		 
16.
RECOMMENDED CHILD SUPPORT ORDER

(Subtract lesser amount from greater amount in line 15 and enter result under greater amount.)

$

$ 		 
Comments, calculations, or rebuttals to schedule or adjustments if noncustodial parent directly pays extraordinary expenses.

PREPARED BY:

 		Date:

§48A-1B-8. Split physical custody adjustment.

In cases with split physical custody, the court or master shall use Worksheet A (Sole-Parenting) as set forth in subsection (c), section six of this article to calculate a separate child support order for each parent based on the number of children in that parent's custody. Instead of transferring the calculated orders between parents, the two orders are offset. The difference of the two orders is the child support order to be paid by the parent with the higher sole-parenting order.
§48A-1B-9. Adjustment for obligor's social security benefits sent directly to the child.

If a proportion of the support obligor's social security benefit is paid directly to the custodian of his or her dependents who are the subject of the child support order, the following adjustment shall be made. The total amount of the social security benefit which includes the amounts paid to the support obligor and the obligee shall be counted as gross income to the support obligor. In turn, the child support order will be calculated as described in section six of this article. To arrive at the final child support amount, however, the amount of the social security benefits sent directly to the child's household will be subtracted from the child support order. If the child support order amount results in a negative amount it shall be set at zero.
§48A-1B-10. Application.

The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia. The guidelines must be applied to all actions in which child support is being determined including temporary orders, interstate (URESA and UIFSA), domestic violence, foster care, divorce, nondissolution, public assistance, nonpublic assistance and support decrees arising despite nonmarriage of the parties. The guidelines must be used by the court or master as the basis for reviewing adequacy of child support levels in noncontested cases as well as contested hearings.
§48A-1B-11. Modification.

The provisions of a child support order may be modified if there is a substantial and continuing change of circumstances. If application of the guideline would result in a new order that is more than fifteen percent different, then the circumstances are considered to be a substantial and continuing change.
§48A-1B-12. 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 parent except in cases of shared custody. In shared custody 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.
§48A-1B-13. Indebtedness.

The term "indebtedness" means any legal or contractual obligation incurred as follows:
(1) For the necessary support of a child with regard to food, clothing, shelter and medical care; or
(2) For the purpose of acquisitions or additions to or additions intended to add to the value of marital property of the parties as defined in section one, article two, chapter forty-eight of this code.
The court or master may disregard any debt which is incurred with the obvious intent of decreasing child support payments.
§48A-1B-14. Disregard of formula.

(a) If the court or master finds that the guidelines are inappropriate in a specific case, the court or master may either disregard the guidelines or adjust the guidelines-based award to accommodate the needs of the child or children or the circumstances of the parent or parents. In either case, the reason for the deviation and the amount of the calculated guidelines award must be stated on the record (preferably in writing on the worksheet or in the order). Such findings clarify the basis of the order if appealed or modified in the future.
(b) These guidelines do not take into account the economic impact of the following factors and can be possible reasons for deviation:
(1) Special needs of the child or support obligor;
(2) Educational expenses for the child or the parent (i.e. those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or costs beyond state and local tax contributions);
(3) Families with more than six children;
(4) Long distance visitation costs; or
(5) The child resides with third party.
§48A-1B-15. Present income as monthly amounts.

To the extent practicable, all information relating to income shall be presented to the court or master based on monthly amounts. For example, when a party is paid wages weekly, the pay should be multiplied by fifty-two and divided by twelve to arrive at a correct monthly amount. If the court or master deems appropriate, such information may be presented in such other forms as the court or master directs.
ARTICLE 4. PROCEEDINGS BEFORE A MASTER.
§48A-4-1. Appointment of family law masters; term of office; vacancy; removal.

(a) The family law masters holding office on the effective date of this section by virtue of appointments made under the prior enactments of this article shall continue their service for a term of office ending on the thirtieth day of June, one thousand nine hundred ninety-eight. Before the first day of July, one thousand nine hundred ninety-eight, the governor shall appoint family law masters in such numbers and to serve from geographical regions of the state as provided for under the provisions of section four of this article, with terms commencing on the first day of July, one thousand nine hundred ninety-eight, and on a like date in every fourth year thereafter, and ending on the thirtieth day of June, two thousand two, and on a like date in every fourth year thereafter. Upon the expiration of his or her term, a family law master may continue to perform the duties of the office until the governor makes the appointment, or for sixty days after the date of the expiration of the master's term, whichever is earlier. If a vacancy occurs in the office of family law master, the governor shall, within thirty days after such vacancy occurs, fill the vacancy by appointment for the unexpired term: Provided, That if the remaining portion of the unexpired term to be filled is less than one year, the governor may, in his or her discretion, simultaneously appoint an individual to the unexpired term and to the next succeeding full four-year term.
(b) An individual may be reappointed to succeeding terms as a family law master to serve in the same or a different region of the state.
(c) Removal of a master during the term for which he or she is appointed shall be as follows:
(1) Upon a recommendation by the judicial hearing board created pursuant to the rules of procedure for the handling of complaints against justices, judges, magistrates and family law masters, if the supreme court of appeals shall find that a family law master has violated the judicial code of ethics or that the master, because of advancing years and attendant physical or mental incapacity, should not continue to serve, the supreme court of appeals may, in lieu of or in addition to any disposition authorized by such rules, remove the family law master from office; and
(2) The supreme court of appeals may remove a master when conduct of the family law master evidences incompetence, unsatisfactory performance, misconduct, neglect of duty or physical or mental disability.
§48A-4-4. Assignment of family law masters by geographical regions.

(a) On and after the first day of July, one thousand nine hundred ninety-four, there shall be a total of twenty-six family law masters, not more than fourteen of whom shall be full-time masters, to serve throughout the state. During the year immediately preceding the appointment of law masters as provided for in section one of this article, the supreme court of appeals shall apportion the state into geographical regions which may be single-master regions or multi-master regions, or a combination of both. County boundaries shall be strictly observed and no county may be divided among two or more regions. Otherwise, in making such apportionment, the supreme court of appeals shall construct regions which provide, as nearly as is practicable, for the caseload of each master to be equal to that of other masters. Mathematical exactness as to caseload is not required and deviations from an absolute standard may be based upon concerns, other than caseload, including, but not limited to, deviations dictated by the following considerations:
(1) Judicial circuits;
(2) Geographical features which affect the time and expense of travel;
(3) Traditional patterns of practice by members of the bar; and
(4) Population variances between regions.
(b) In the region that includes Kanawha County, of the masters appointed, not less than two shall be part-time masters.
(c) Notwithstanding the provisions of subsection (a) of this section, for the time period extending from the first day of August, one thousand nine hundred ninety-six, until the thirtieth day of June, one thousand nine hundred ninety-eight, there shall temporarily be a total of twenty-seven family law masters, not more than fourteen of whom shall be full-time masters, to serve throughout the state, and the additional part-time position of family law master created by this subsection shall be assigned to the region that includes Marshall County.
(d) Nothing contained herein shall prohibit the chief justice of the supreme court of appeals from temporarily assigning a family law master from one geographical region to another geographical region, as caseload, disqualification, recusal, vacation or illness may dictate.
(e) The administrative office of the supreme court shall promulgate any procedural rule necessary to delineate the duties of the part-time and full-time law masters consistent with this article.
§48A-4-20. Circuit court review of master's recommended order.

(a) The circuit court shall proceed to a review of the recommended order of the master when:
(1) No petition has been filed within the time allowed, or the parties have expressly waived the right to file a petition;
(2) A petition and an answer in opposition have been filed, or the time for filing an answer in opposition has expired, or the parties have expressly waived the right to file an answer in opposition, as the case may be.
(b) To the extent necessary for decision and when presented, the circuit court shall decide all relevant questions of law, interpret constitutional and statutory provisions and determine the appropriateness of the terms of the recommended order of the master.
(c) The circuit court shall examine the recommended order of the master, along with the findings and conclusions of the master, and may enter the recommended order, may recommit the case, with instructions, for further hearing before the master or may, in its discretion, enter an order upon different terms, as the ends of justice may require. Conclusions of law of the family law master shall be subject to review by the circuit court. The circuit court shall not follow the recommendation, findings and conclusions of a master found to be:
(1) Arbitrary, capricious, an abuse of discretion or otherwise not in conformance with the law;
(2) Contrary to constitutional right, power, privilege or immunity;
(3) In excess of statutory jurisdiction, authority or limitations or short of statutory right;
(4) Without observance of procedure required by law;
(5) Unsupported by substantial evidence; or
(6) Unwarranted by the facts.
(d) In making its determinations under this section, the circuit court shall review the whole record or those parts of it cited by a party. If the circuit court finds that a master's recommended order is deficient as to matters which might be affected by evidence not considered or inadequately developed in the master's recommended order, the court may recommit the recommended order to the master, with instructions indicating the court's opinion, or the circuit court may proceed to take such evidence without recommitting the matter.
(e) The order of the circuit court entered pursuant to the provisions of subsection (d) of this section shall be entered not later than ten days after the time for filing pleadings or briefs has expired or after the filing of a notice or notices waiving the right to file such pleading or brief.
(f) If a case is recommitted by the circuit court, the master shall retry the matter within twenty days.
(g) At the time a case is recommitted, the circuit court shall enter appropriate temporary orders awarding custody, visitation, child support, spousal support or such other temporary relief as the circumstances of the parties may require.
§48A-4-23. Family law masters fund.

The office and the clerks of the circuit courts shall, on or before the tenth day of each month, transmit all fees and costs received for the services of the office under this chapter to the state treasurer for deposit in the state treasury to the credit of a special revenue fund to be known as the "family law masters fund", which is hereby created. All moneys collected and received under this chapter and paid into the state treasury and credited to the "family law masters fund" shall be used by the administrative office of the supreme court of appeals solely for paying the costs associated with the duties imposed upon the family law masters under the provisions of this chapter which require activities by the masters which are not subject to being matched with federal funds or subject to reimbursement by the federal government. Such moneys shall not be treated by the auditor and treasurer as part of the general revenue of the state.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-11. Fees to be charged by clerk of circuit court.

(a) The clerk of a circuit court shall charge and collect for services rendered as such clerk the following fees, and such fees shall be paid in advance by the parties for whom such services are to be rendered:
For instituting any civil action under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or proceeding, seventy-five dollars: Provided, That the fee for instituting an action for divorce shall be one hundred five dollars.
(b) In addition to the foregoing fees, the following fees shall likewise be charged and collected:
(1) For preparing an abstract of judgment, five dollars;
(2) For any transcript, copy or paper made by the clerk for use in any other court or otherwise to go out of the office, for each page, fifty cents;
(3) For action on suggestion, ten dollars;
(4) For issuing an execution, ten dollars;
(5) For issuing or renewing a suggestee execution, including copies, postage, registered or certified mail fees and the fee provided by section four, article five-a, chapter thirty-eight of this code, three dollars;
(6) For vacation or modification of a suggestee execution, one dollar;
(7) For docketing and issuing an execution on a transcript of judgment from magistrate's court, three dollars;
(8) For arranging the papers in a certified question, writ of error, appeal or removal to any other court, five dollars:
(9) For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or defendant, to be paid by the party requesting the same, fifty cents;
(11) For additional service (plaintiff or appellant) where any case remains on the docket longer than three years, for each additional year or part year, twenty dollars.
(c) The clerk shall tax the following fees for services in any criminal case against any defendant convicted in such court:
(1) In the case of any misdemeanor, fifty-five dollars;
(2) In the case of any felony, sixty-five dollars.
(d) No such clerk shall be required to handle or accept for disbursement any fees, cost or amounts, of any other officer or party not payable into the county treasury, except it be on order of the court or in compliance with the provisions of law governing such fees, costs or accounts.
§59-1-28a. Disposition of filing fees in divorce and other civil actions and fees for services in criminal cases.

(a) Except for those payments to be made from amounts equaling filing fees received for the institution of divorce actions as prescribed in subsection (b) of this section, for each civil action instituted under the rules of civil procedure, any statutory summary proceeding, any extraordinary remedy, the docketing of civil appeals, or any other action, cause, suit or proceeding in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts described in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting such action as follows:
(1) Into the regional jail and correctional facility development fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of sixty dollars;
(2) Into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
(b) For each divorce action instituted in the circuit court, the clerk of the court shall, at the end of each month, pay into the funds or accounts in this subsection an amount equal to the amount set forth in this subsection of every filing fee received for instituting such divorce action as follows:
(1) Into the regional jail and correctional facility development fund in the state treasury established pursuant to the provisions of section ten, article twenty, chapter thirty-one of this code, the amount of ten dollars;
(2) Into the special revenue account of the state treasury, established pursuant to section twenty-four, article one, chapter forty-eight of this code, an amount of thirty dollars;
(3) Into the family law masters fund in the state treasury, established pursuant to section twenty-three, article four, chapter forty-eight-a of this code, an amount of fifty dollars; and
(4) Into the court security fund in the state treasury, established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code, the amount of five dollars.
(c) The clerk of each circuit court shall, at the end of each month, pay into the regional jail and prison development fund in the state treasury an amount equal to forty dollars of every fee for service received in any criminal case against any defendant convicted in such court and shall pay an amount equal to five dollars of every such fee into the court security fund in the state treasury established pursuant to the provisions of section fourteen, article three, chapter fifty-one of this code.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-29. Failure to meet an obligation to provide support to a minor; penalties.

(1) A person who: (a) Persistently fails to provide support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor; or (b) is subject to court order to pay any amount for the support of a minor child and is delinquent in meeting the full obligation established by the order and has been delinquent for a period of at least six months' duration, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned in the county jail for not more than one year, or both fined and imprisoned.
(2) A person who persistently fails to provide support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in: (a) An arrearage of not less than eight thousand dollars; or (b) twelve consecutive months without payment of support, is guilty of a felony and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than one year nor more than three years, or both fined and imprisoned.