PETITION FOR MODIFICATION OF CHILD SUPPORT

[IN THE FAMILY COURT OF THE STATE OF WEST VIRGINIA, COUNTY OF [COUNTY]]

Civil Action No.: [__]
Judge: [______]

IN RE:
 [PETITIONER NAME],                    Petitioner,
 v.
 [RESPONDENT NAME],                   Respondent.

TABLE OF CONTENTS

I. Document Header.......................................................2
II. Definitions..........................................................3
III. Operative Provisions................................................4
IV. Representations & Warranties........................................8
V. Covenants & Restrictions.............................................9
VI. Default & Remedies..................................................10
VII. Risk Allocation (Reserved).........................................11
VIII. Dispute Resolution................................................11
IX. General Provisions..................................................12
X. Execution Block / Verification / Certificate of Service.............13

[// GUIDANCE: Delete Table of Contents if not required by local rule.]

I. DOCUMENT HEADER

1. Title. This “Petition for Modification of Child Support” (the “Petition”) is filed pursuant to West Virginia family law and the West Virginia Child Support Enforcement Guidelines.

2. Parties.
   a. “Petitioner” means [PETITIONER NAME], an adult individual residing at [ADDRESS], West Virginia.
   b. “Respondent” means [RESPONDENT NAME], an adult individual residing at [ADDRESS], West Virginia.

3. Recitals.
   a. On [CURRENT ORDER DATE] this Court entered a Child Support Order (the “Existing Order”) requiring Respondent/Petitioner (circle one) to pay child support in the amount of $[AMOUNT] per month for the support of the minor child(ren) named below.
   b. A material and continuing change in circumstances has occurred, as more fully set forth herein, warranting modification of the Existing Order.

4. Effective Date Request. Petitioner respectfully requests that any modified child-support obligation take effect retroactive to (i) the first day of the month following service of this Petition, or (ii) such other date authorized by law and deemed equitable by the Court.

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below. Undefined terms have their ordinary legal meaning under West Virginia law.

“Child(ren)” means the minor child or children of the parties:
 • Name: [CHILD 1]; Date of Birth: [_]
 • Name: [CHILD 2]; Date of Birth: [_]
 (Add lines as needed.)

“Existing Order” has the meaning given in Recital 3.a.

“Guidelines” means the West Virginia Child Support Enforcement Guidelines in effect on the date the Court adjudicates this Petition.

“Substantial Change” means a change in financial circumstances or other relevant factors that results in a variation of at least fifteen percent (15 %) between the Existing Order and the amount calculated under the Guidelines, or such other threshold recognized by statute or rule.

III. OPERATIVE PROVISIONS

1. Jurisdiction & Venue
   1.1 This Court has subject-matter jurisdiction under W. Va. family-law statutes and continuing jurisdiction to modify its prior child-support orders.
   1.2 Venue is proper in [COUNTY] County because the Child(ren) reside in this County and/or a party resides herein.

2. Existing Child Support Order
   2.1 Summary of Obligation. Under the Existing Order, [PAYOR] is obligated to pay $[AMOUNT] per month, plus [describe health-insurance or other obligations].
   2.2 Compliance Status. [PAYOR] (is current / is in arrears in the amount of $[____]).

3. Grounds for Modification
   3.1 Substantial Change in Income. Since entry of the Existing Order, [PETITIONER/RESPONDENT]’s gross monthly income has (increased / decreased) from $[OLD] to $[NEW] due to [job loss, promotion, disability, etc.].
   3.2 Change in Parenting Time. The parties’ custodial arrangement changed on [DATE], resulting in a shift of [NUMBER] overnights per year.
   3.3 Health-Insurance Premiums. The cost to insure the Child(ren) has (increased/decreased) from $[OLD] to $[NEW] per month.
   3.4 Statutory Threshold Met. Applying the current Guidelines to the parties’ updated financial information produces a variance of [__] %, exceeding the statutory threshold for modification.

4. Calculation of Modified Support Obligation
   4.1 Worksheets. Contemporaneously with this Petition, Petitioner files a completed “Child Support Guidelines Worksheet” and supporting financial affidavits.
   4.2 Proposed Obligation. Based on the Worksheets, the presumptive child-support amount is $[NEW AMOUNT] per month, allocated as follows:
     a. Basic Child Support: $[_]
     b. Health-Insurance Premium Contribution: $[_]
     c. Unreimbursed Medical Expense Allocation: [__ %] each parent.
   4.3 Request for Deviation. (If applicable) Petitioner seeks a deviation from the presumptive amount on the grounds that [extraordinary educational/medical/travel expenses, etc.].

5. Wage Withholding
   5.1 Immediate Income Withholding. Pursuant to state law, Petitioner requests that any modified support be enforced by immediate income withholding from the payor’s employer:
     Employer Name: [__]
     Address: [__]

6. Health-Insurance Coverage
   6.1 Coverage Requirement. The party with the more cost-effective policy shall maintain health-insurance coverage for the Child(ren).
   6.2 Proof of Coverage. The responsible parent must provide proof of coverage to the other parent and to the Bureau for Child Support Enforcement (“BCSE”) within thirty (30) days of any change.

7. Retroactivity
   7.1 Statutory Limitations. Petitioner acknowledges that any increase in support may not be retroactive beyond the date of service of this Petition absent a finding of concealment or other statutory grounds.

8. Continuing Jurisdiction
   8.1 This Court retains exclusive, continuing jurisdiction over child-support matters involving the Child(ren) until each Child reaches the age of majority or as otherwise provided by law.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy of Financial Disclosures. Each party represents, warrants, and certifies under penalty of perjury that the financial information provided in support of or in opposition to this Petition is true, correct, and complete to the best of his or her knowledge.

2. No Material Omissions. Each party further represents that he or she has not intentionally withheld any material fact regarding income, assets, or child-related expenses.

3. Survival. The representations and warranties in this Section IV shall survive entry of any Modified Support Order.

V. COVENANTS & RESTRICTIONS

1. Exchange of Financial Information
   1.1 Annual Update. On or before each anniversary of the Modified Support Order, the parties shall exchange current pay stubs, W-2s, and a completed BCSE “Parent’s Financial Statement” form.
   1.2 Duty to Update Within 30 Days. Each party covenants to provide written notice to the other and to BCSE of any material change in employment, income, or health-insurance coverage within thirty (30) days of such change.

2. Communication & Co-Parenting
   2.1 Parties shall communicate regarding child-related financial matters through [method—e.g., family-wizard application / email] to create an auditable record.

3. Restrictions on Relocation (Optional)
   3.1 Neither parent shall relocate the Child(ren)’s primary residence outside a [____]-mile radius of [CITY] without advance notice and compliance with statutory relocation procedures.

[// GUIDANCE: Include relocation covenant only if relocation is a live issue.]

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to pay child support in full within ten (10) days of the due date.
   b. Failure to maintain required health-insurance coverage.
   c. Failure to provide financial updates as required in Section V.

2. Notice & Cure
   2.1 Except for payment defaults subject to immediate income withholding, the non-defaulting party shall deliver written notice of default.
   2.2 The defaulting party shall have ten (10) days to cure non-payment and thirty (30) days to cure other defaults, unless a shorter period is mandated by law.

3. Remedies
   3.1 Statutory Remedies. The Court may impose any statutory remedies, including but not limited to income withholding, interception of tax refunds, driver’s or professional license suspension, liens, and contempt sanctions.
   3.2 Attorney’s Fees & Costs. Pursuant to W. Va. R. Prac. & P. for Fam. Ct. and applicable statutes, the defaulting party shall be liable for the reasonable attorney’s fees and costs incurred by the non-defaulting party in enforcing the Modified Support Order.

VII. RISK ALLOCATION (RESERVED)

[Indemnification and limitation-of-liability concepts are inapplicable to child-support proceedings and are therefore intentionally omitted.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Petition and any resulting Modified Support Order shall be governed by the laws of the State of West Virginia.

2. Forum Selection. Exclusive jurisdiction and venue lie in the Family Court of [COUNTY] County, West Virginia.

3. Arbitration. Arbitration of child-support matters is not authorized under West Virginia law and is expressly disclaimed.

4. Jury Waiver. Family courts in West Virginia sit without juries; jury trial is therefore inapplicable.

5. Injunctive Relief. Nothing herein limits the Court’s authority to issue income withholding orders or other injunctive relief to enforce child-support obligations.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Any modification of the resulting support order must be in writing and approved by the Court; informal agreements are unenforceable.

2. Assignment. Child-support rights are non-assignable except as directed by statute (e.g., assignment to BCSE when public assistance is received).

3. Severability. If any provision of the Modified Support Order is held invalid, the remaining provisions shall remain in full force and effect.

4. Integration. The Modified Support Order shall constitute the entire order of the Court on child-support issues, superseding all prior inconsistent orders.

5. Counterparts & Electronic Signatures. This Petition may be executed in counterparts and by electronic signature to the extent permitted by W. Va. Code and court rules.

X. EXECUTION BLOCK / VERIFICATION / CERTIFICATE OF SERVICE

A. Petitioner’s Signature & Verification

I, [PETITIONER NAME], affirm under penalty of perjury that the factual statements contained in this Petition are true and correct to the best of my knowledge, information, and belief.

Date: _                   _____
                      [PETITIONER NAME], Petitioner

State of West Virginia )
County of [COUNTY] ) SS:

Subscribed and sworn to before me this ___ day of ____, 20__, by [PETITIONER NAME].

Notary Public
My Commission Expires: ____

B. Respondent’s Acknowledgment (Optional if Not Required for Filing)

[RESPONDENT NAME], Respondent
Date: ____

C. Certificate of Service

I certify that on the ___ day of ____, 20__, I served a true and exact copy of this Petition upon [RESPONDENT NAME] at [ADDRESS] by (personal service / certified mail, return receipt requested), as required by W. Va. R. Prac. & P. for Fam. Ct.

[PETITIONER NAME]

END

[// GUIDANCE:
1. Attach the following mandatory documents when filing:
• BCSE Application or case number (if any)
• Child Support Guidelines Worksheet (Form SCA-FC-CDR-140)
• Parent’s Financial Statement (Form SCA-FC-106 or equivalent)
2. Confirm county-specific cover sheet or docketing requirements.
3. Review W. Va. Code Ch. 48 and the most recent BCSE regulations to ensure statutory thresholds and worksheet versions are current.
]