Senate Bill No. 6024
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced December 10, 2001.]
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A BILL to repeal sections nine hundred one and nine hundred two,
article thirteen, chapter forty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, as
contained in chapter five, acts of the Legislature, fifth
extraordinary session, two thousand one; to amend and reenact
sections eight hundred one and eight hundred two of said
article; to amend article fourteen of said chapter by adding
thereto a new section, designated section one hundred six; and
to amend and reenact section six, article two-a, chapter
fifty-one of said code as contained in said acts, all relating
to making technical revisions to the law creating a family
court system; repealing misnumbered sections; revising archaic
terminology in miscellaneous provisions relating to child
support orders; declaring that section one hundred six, article fourteen, chapter forty-eight, as enacted by chapter
five, acts of the Legislature, fifth extraordinary session,
two thousand one, shall be deemed and constituted as a new
section; and adjusting the salary levels of secretary-clerks
and family case coordinators of family court judges consistent
with current levels based on annual adjustments.
Be it enacted by the Legislature of West Virginia:
That sections nine hundred one and nine hundred two, article
thirteen, chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, as contained in
chapter five, acts of the Legislature, fifth extraordinary session,
two thousand one, be repealed; that sections eight hundred one and
eight hundred two of said article be amended and reenacted; that
article fourteen of said chapter be amended by adding thereto a new
section, designated section one hundred six; and that section six,
article two-a, chapter fifty-one of said code as contained in said
acts be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.
PART VIII. MISCELLANEOUS PROVISIONS RELATING TO CHILD SUPPORT ORDERS
.
§48-13-801. Tax exemption for child due support.
Unless otherwise agreed to by the parties, the court shall
allocate the right to claim dependent children for income tax
purposes to the custodial payee parent except in cases of extended
shared custody parenting. In extended shared custody parenting
cases, these rights shall be allocated between the parties in
proportion to their adjusted gross incomes for child support
calculations. In a situation where allocation would be of no tax
benefit to a party, the court or master need make no allocation to
that party. However, the tax exemptions for the minor child or
children should be granted to the noncustodial payor parent only if
the total of the custodial payee parent's income and child support
is greater when the exemption is awarded to the noncustodial payor
parent.
§48-13-802. Investment of child support.
(a) A circuit judge The court has the discretion, in
appropriate cases, to direct that a portion of child support be
placed in trust and invested for future educational or other needs
of the child. The family law master may recommend and the circuit
judge court may order such investment when all of the child's day-
to-day needs are being met such that, with due consideration of the
age of the child, the child is living as well as his or her
parents.
(b) If the amount of child support ordered per child exceeds
the sum of two thousand dollars per month, the court is required to
make a finding, in writing, as to whether investments shall be made
as provided for in subsection (a) of this section.
(c) A trustee named by the court shall use the judgment and
care under the circumstances then prevailing that persons of
prudence, discretion and intelligence exercise in the management of
their own affairs, not in regard to speculation but in regard to
the permanent disposition of their funds, considering the probable
income as well as the probable safety of their capital. A trustee
shall be governed by the provisions of the uniform prudent investor
act as set forth in article six-c, chapter forty-four of this code.
The court may prescribe the powers of the trustee and provide for
the management and control of the trust. Upon petition of a party
or the child's guardian or next friend and upon a showing of good
cause, the court may order the release of funds in the trust from
time to time.
ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
PART I. ACTION TO OBTAIN AN ORDER FOR SUPPORT OF MINOR CHILD.
§48-14-106. Modification of support order.
(a) At any time after the entry of an order for support, the
court may, upon the verified petition of an obligee or the obligor, revise or alter such order and make a new order as the altered
circumstances or needs of a child, an obligee or the obligor may
render necessary to meet the ends of justice.
(b) The supreme court of appeals shall make available to the
family courts a standard form for a petition for modification of an
order for support, which form will allege that the existing order
should be altered or revised because of a loss or change of
employment or other substantial change affecting income or that the
amount of support required to be paid is not within fifteen percent
of the child support guidelines. The clerk of the circuit court
and the secretary-clerk of the family court shall make such forms
available to persons desiring to petition the court pro se for a
modification of the support award.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2A. FAMILY COURTS.
§51-2A-6. Compensation and expenses of family court judges and
their staffs.
(a) Until the thirty-first day of December, two thousand two,
a family court judge is entitled to receive as compensation for his
or her services an annual salary of sixty thousand dollars.
Beginning the first day of January, two thousand three, a family
court judge is entitled to receive as compensation for his or her services an annual salary of sixty-two thousand five hundred
dollars.
(b) The secretary-clerk of the family court judge is appointed
by the family court judge and serves at his or her will and
pleasure. The secretary-clerk of the family court judge is
entitled to receive an annual salary of twenty-two twenty-five
thousand three hundred eight thirty-two dollars. In addition,
beginning the first day of October, one thousand nine hundred
ninety-nine, any any person employed as a secretary-clerk to a
family law master on the effective date of the enactment of this
section during the sixth extraordinary session of the Legislature
in the year two thousand one who was employed by a family law
master on the twentieth day of May, one thousand nine hundred
ninety-nine, and who was so employed for at least two years prior
to such date, is entitled to receive is receiving an additional
five hundred dollars per year up to ten years of such a certain
period of prior employment, as provided in under the provisions of
the prior enactment of section eight of this article during the
second extraordinary session of the Legislature in the year one
thousand nine hundred ninety-nine, shall continue to receive such
additional amount. Further, the secretary-clerk will receive such
percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to
receive the annual incremental salary increase as provided for in
article five, chapter five of this code.
(c) The family court judge may employ not more than one family
case coordinator who serves at his or her will and pleasure. The
annual salary of the family case coordinator of the family court
judge shall be established by the administrative director of the
supreme court of appeals but may not exceed thirty-five thirty-six
thousand sixty dollars. The family case coordinator will receive
such percentage or proportional salary increases as may be provided
for by general law for other public employees and is entitled to
receive the annual incremental salary increase as provided for in
article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as
a bailiff for a family court judge. The sheriff of each county
shall serve or designate persons to serve so as to assure that a
bailiff is available when a family court judge determines the same
is necessary for the orderly and efficient conduct of the business
of the family court.
(e) Disbursement of salaries for family court judges and
members of their staffs are made by or pursuant to the order of the
director of the administrative office of the supreme court of appeals.
(f) Family court judges and members of their staffs are
allowed their actual and necessary expenses incurred in the
performance of their duties. The expenses and compensation will be
determined and paid by the director of the administrative office of
the supreme court of appeals under such guidelines as he or she may
prescribe, as approved by the supreme court of appeals.
(g) Notwithstanding any other provision of law, family court
judges are not eligible to participate in the retirement system for
judges under the provisions of article nine of this chapter.
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(NOTE: The purpose of this bill is to make technical revisions
to the law creating a family court system in West Virginia by
renumbering provisions which updated terminology relating to
certain child support orders; by clarifying that a section is new
(and not amended); and by adjusting the salary levels of the
secretary-clerks and the family case coordinators of family court
judges consistent with the annual salary increases which have
occurred since the salary levels were established in 1999.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§48-14-106 is new; therefore, strike-throughs and underscoring
have been omitted.)