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Motion to Modify or Amend Divorce Decree to Provide for Decrease in...

West Virginia Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

Q: What is the West Virginia law on child support?

48-13-201. Use of both parents&#039; income in determining child support. A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents&#039; adjusted gross income is used to determine the amount of child support.

Category:

Family Law - Divorce - Child Support - Modifications

State:

Multi-State

Control #:

US-00799BG

Format:

Instant download

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

For example, the median household income in Virginia is around $75,000 per year, or $6,250 per month. ing to the child support table, that means child support for an average family with one child would be $835, for two children, it would be $1,246, and for three children, it would be $1,473.

In West Virginia shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.

(2) A person who repeatedly and willfully fails to pay his or her court-ordered 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 twelve months without payment of support that ...

Yes. West Virginia currently charges 5% simple interest on arrears.

§48-13-201. Use of both parents' income in determining child support. A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents' adjusted gross income is used to determine the amount of child support.

There are several requirements for Amnesty: Both parents must agree what percentage of interest owed on arrears is to be forgiven; Amnesty only covers interest on arrears (current support remains due); and. The obligor? must agree to pay the entire arrears balance owed within five years.

West Virginia ranks 7th among states where parents who receive child support rely on it most, with parents receiving an average of $5,354 in child support. This makes up 14.4% of their income. Nationwide, 7.4% of U.S. households with children younger than 18 have someone receiving child support.

In state-by-state rankings, Massachusetts ranks highest with the most expensive child support payments, averaging $1,187 per month. Virginia mandates the least support at $402 per month.