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Introduced Version House Bill 2274 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2274


(By Delegate Kominar)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §48-13-502 and §48-13-603 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-13-504, all relating to calculating child support under the extended shared parenting plan.

Be it enacted by the Legislature of West Virginia:
That §48-13-502 and §48-13-603 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §48-13-504, all to read as follows:
ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.
§48-13-502. Extended shared parenting worksheet.
Child support for extended shared parenting cases shall be calculated using the following worksheet:
Worksheet B: Extended Shared Parenting

IN THE FAMILY COURT OF __________________COUNTY, WEST VIRGINIA

CASE NO. _________

Mother: _____________________ SS No.: ____________

Father: _____________________ SS No.: ____________

Children SSN Date of Birth Children SSN Date of Birth
           
           
           
           
PART 1. BASIC OBLIGATION Mother Father Combined
1. MONTHLY GROSS INCOME Exclusion of overtime compensation $ $ $
a. Minus preexisting child support payment - -  
b. Minus maintenance paid - -  
c. Plus overtime compensation, if not excluded, and not to exceed 50%, pursuant to W. Va. Code §48-1-228(b)(6) Ì Ì  
d. Additional dependant deduction      
2. MONTHLY ADJUSTED GROSS INCOME $ $ $
3. PERCENTAGE SHARE OF INCOME (Each parent's income from line 2 divided by Combined Income) % % 100%
4. BASIC OBLIGATION (Use line 2 Combined to find amount from Child Support Schedule)     $
PART 11. SHARED PARENTING ADJUSTMENT
5. Shared Custody Basic Obligation (Line 4 x 1.50)     $
6. Each Parent's Share (Line 5 x each parent's line 3) $ $  
7. Overnights with Each Parent (must total 365)     365
8. Percentage with Each Parent (Line 7 divided by 365) % % 100%
9. Amount Retained (Line 6 x Line 8 for each parent) $ $  
10. Each Parent's Obligation (Line 6- Line 9) $ $  
11. AMOUNT TRANSFERRED FOR BASIC OBLIGATION (Subtract smaller amount on Line 10 from larger amount on line 10. Parent with larger amount on Line 10 owes the other parent the difference. Enter $0 for other parent.) $ $  
PART III. ADJUSTMENTS FOR ADDITIONAL EXPENSES (EXPENSES PAID DIRECTLY BY EACH PARENT.)
12a. Work-Related Child Care Costs Adjusted for Federal Tax Credit (0.75 x actual work-related child care costs.) $ $  
12b. Extraordinary Medical Expenses (Uninsured only) and Children's Portion of Health Insurance Premium Costs. $ $  
12c. Extraordinary Additional Expenses (Agreed to by parents or by order of the court.) $ $  
12d. Minus Extraordinary Adjustments (Agreed to by parents or by order of the court.) $ $  
12e. Total Adjustments (For each column, add 11a, 11b, and 11c. Subtract Line 11d. Add the parent's totals together for Combined amount.) $ $ $
13. Each Parent's Share of Additional Expenses (Line 3 x Line 12e Combined.) $ $  
14. Each parent's Net Share of Additional Direct Expenses (Each parent's Line 13- Line 12e. If negative number , enter $0) $ $  
15. AMOUNT TRANSFERRED FOR ADDITIONAL EXPENSES (Subtract smaller amount on Line 14 from larger amount on Line 14. Parent with larger amount on Line 14 owes the other parent the difference. Enter $0 for other parent.) $ $  
PART IV. RECOMMENDED CHILD SUPPORT ORDER
16. TOTAL AMOUNT TRANSFERRED (Line 11 + Line 15) $ $  
17. RECOMMENDED CHILD SUPPORT ORDER (Subtract smaller amount on Line 16 from larger amount on Line 16. Parent with larger amount on Line 16 owes the other parent the difference.) $ $  
PART V. ABILITY TO PAY CALCULATION (COMPLETE IF THE PAYOR PARENT'S ADJUSTED MONTHLY INCOME IS BELOW $1,550.)
18. Spendable Income (0.80 x line 2 for payor parent only.)      
19. Self Support Reserve $500 $500  
20. Income Available for Support (Line 18 - Line 19. If less than $50, then $50) $ $  
21. Adjusted Child Support Order (Lessor of Line 17 and Line 20.) $ $  
 
Comments, calculations, or rebuttals to schedule or adjustments.
PREPARED BY: DATE:
§48-13-504. Additional calculation to be made in extended shared parenting cases.

In cases where the payor parent's adjusted gross income is below one thousand five hundred fifty dollars per month, an additional calculation in Worksheet B, Part V shall be made. This additional calculation sets the child support order at whichever is lower.
(1) Child support at the amount determined in Part IV; or
(2) The difference between eighty percent of the payor parent's adjusted gross income and five hundred dollars, or fifty dollars, whichever is more.

§48-13-603. Adjustment for obligor's social security benefits sent directly to the child; receipt by child of supplemental security income.

(a) If a proportion of the 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 obligor and the obligee shall be counted as gross income to the obligor. In turn, the child support order will be calculated as described in sections 13-401 through 13-404 and sections 13-501 through 13-504. 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.
(b) If a child is a recipient of disability payments as supplemental security income for aged, blind and disabled, under the provisions of 42 U.S.C. §1382, et seq., and if support furnished by an obligor would be considered unearned income that renders the child ineligible for disability payments or medical benefits, no child support order shall be entered for that child. If a support order is entered for the child's siblings or other persons in the household, the child shall be excluded from the calculation of support, and the amount of support for the child shall be set at zero.


NOTE:
The purpose of this bill is to allow family court judges to consider social security benefits and ability to pay when calculating child support awards under the extended shared parenting plan.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§48-13-504 is new; therefore, strike-throughs and underscoring have been omitted.
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