reglab/housing_qa huggingface dataset:
WV Code § 48-13-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|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 parentingIN THE FAMILY COURT OF ______________ COUNTY, WEST VIRGINIACASE NO. ____________Mother: ___________________________ SS No.: __________Father: ____________________________ SS No.: __________ChildrenSSNDate of BirthChildrenSSNDate of BirthPART I. BASIC OBLIGATIONMotherFatherCombined1. MONTHLY GROSS INCOME (Exclusive of overtime compensation)$$ a. Minus preexisting child support payment-- b. Minus maintenance paid-- c. Plus overtime compensation, if not excluded, and not to exceed 50%, pursuant to W. Va. Code §48-1-228(b)(6) d. Additional dependent deduction++ 2. MONTHLY ADJUSTED GROSS INCOME$$$ 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.)$PART II. SHARED PARENTING ADJUSTMENT 5. Shared Parenting Basic Obligation (line 4 x 1.50)$ 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)$$ 17. RECOMMENDED CHILD SUPPORT ORDER (Subtract smaller amount on line 16 from larger amount on line 16. Parent with larger amount on line 16 owes the other parent the difference.)$$Comments, calculations, or rebuttals to schedule or adjustmentsPREPARED BY:Date:
WV Code § 48-13-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-503. Split Physical Custody Adjustment

In cases with split physical custody, the court shall use Worksheet A as set forth in section 13-403 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.
WV Code § 48-13-601 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-601. Adjustment for Child Care Tax Credit

§48-13-601. Adjustment for child care tax credit.(a) The amount of the federal tax credit for child care expenses that can be realized by the custodial parent shall be approximated by deducting twenty-five percent 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 or more 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.
WV Code § 48-13-602 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-602. Adjustment for Child Health Care

(a) A child support order shall provide for the child's current and future medical needs by providing relief in accordance with the provisions of article 12-101, et seq., of this chapter.(b) The payment of a premium to provide health insurance coverage on behalf of the children subject to the order is added to the basic child support obligation and divided between the parents in proportion to their adjusted gross income. The amount added to the basic child support obligation is 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 is 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 is 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.
WV Code § 48-13-603 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§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. 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.
WV Code § 48-13-701 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-701. Rebuttable Presumption That Child Support Award Is Correct

§48-13-701. Rebuttable presumption that child support award is correct.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 as the basis for reviewing adequacy of child support levels in uncontested cases as well as contested hearings.
WV Code § 48-13-702 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-702. Disregard of Formula

(a) If the court finds that the guidelines are inappropriate in a specific case, the court 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 that may be possible reasons for deviation:(1) Special needs of the child or support obligor, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled;(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;(5) The child resides with third party;(6) The needs of another child or children to whom the obligor owes a duty of support;(7) The extent to which the obligor's income depends on nonrecurring or nonguaranteed income; or(8) Whether the total of spousal support, child support and child care costs subtracted from an obligor's income reduces that income to less than the federal poverty level and conversely, whether deviation from child support guidelines would reduce the income of the child's household to less than the federal poverty level.
WV Code § 48-13-703 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-703. Restructuring of Payments Upon Release of Inmate

Upon his or her release from the custody of the Division of Corrections or the United States Bureau of Prisons, a person who is gainfully employed and is subject to a child support obligation or obligations and from whose weekly disposable earnings an amount in excess of forty percent is being withheld for the child support obligation or obligations may, within eighteen months of his or her release, petition the court having jurisdiction over the case or cases to restructure the payments to an amount that allows the person to pay his or her necessary living expenses. In order to achieve consistency and fairness, one judge may assume jurisdiction over all the cases the person may have within that circuit of the court. In apportioning the available funds, the court shall give priority to the person's current child support obligations: Provided, That a minimum of $50 per month shall be paid in each case.
WV Code § 48-13-801 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-801. Tax Exemption for Child Due Support

§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 payee parent except in cases of extended shared parenting. In extended shared 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 need make no allocation to that party. However, the tax exemptions for the minor child or children should be granted to the payor parent only if the total of the payee parent's income and child support is greater when the exemption is awarded to the payor parent.
WV Code § 48-13-802 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-802. Investment of Child Support

(a) 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 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 $2,000 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.
WV Code § 48-13-803 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-803. Reimbursement or Arrearage Only Support

When the payor is not paying any current support obligation but is required to pay for arrearages or reimbursement support, the court shall set a payment amount for the repayment of reimbursement support or of a support arrearage that is reasonable pursuant to the provisions of this article or section 6-301, but not to exceed the limits set out in section 14-408.
WV Code § 48-13-804 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-804. Default Orders

(a) In any proceeding in which support is to be established, if a party has been served with proper pleadings and notified of the date, time and place of a hearing before a family court judge and does not enter an appearance or file a response, the family court judge shall prepare a default order for entry establishing the defaulting party's child support obligation consistent with the child support guidelines contained in this article.(1) When applying the child support guidelines, the court may accept financial information from the other party as accurate, pursuant to rule 13(b) of the Rules of Practice and Procedure for Family Court; or(2) If financial information is not available, the court may attribute income to the party based upon either:(i) The party's work history;(ii) Minimum wage, if appropriate; or(iii) At a minimum, enter a child support order in a nominal amount unless, in the court's discretion, a zero support order should be entered.(b) All orders shall provide for automatic withholding from income of the obligor pursuant to part 4, article fourteen of this chapter.
WV Code § 48-14-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-101. When Action May Be Brought for Child Support Order

SUPPORT OF MINOR CHILD.§48-14-101. When action may be brought for child support order.An action may be brought in family court to obtain an order for the support of a minor child when:(1) The child has a parent and child relationship with an obligor;(2) The obligor is not meeting an obligation to support the child;(3) An enforceable order for the support of the child by the obligor has not been entered by a court of competent jurisdiction; and(4) There is no pending action for divorce, separate maintenance or annulment in which the obligation of support owing from the obligor to the child is at issue.
WV Code § 48-14-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-102. Who May Bring Action for Child Support Order

An action may be brought under the provisions of section one hundred one of this article by:(1) A custodial parent of a child when the divorce order or other order which granted custody did not make provision for the support of the child by the obligor;(2) A primary caretaker of a child;(3) A guardian of the property of a child or the committee for a child; or(4) The Bureau for Child Support Enforcement, on behalf of the state, when the Department of Health and Human Resources is providing assistance on behalf of the child or the person to whom a duty of support is owed, in the form of temporary assistance to needy families or medical assistance, and any right to support has been assigned to the department or in any other case wherein a party has applied for child support enforcement services from the Bureau for Child Support Enforcement.
WV Code § 48-14-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-103. Venue for Action for Child Support Order

An action under the provisions of this section may be brought in the county where the obligee, the obligor or the child resides.
WV Code § 48-14-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-104. Obligee May Seek Spousal Support in Addition to Child Support

When an action for child support is brought under the provisions of this section by an obligee against his or her spouse, such obligee may also seek spousal support from the obligor, unless such support has been previously waived by agreement or otherwise.
WV Code § 48-14-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-105. Mandatory Provision for Wage Withholding

Every order of support heretofore or hereafter entered or modified under the provisions of this section shall include a provision for the income withholding in accordance with the provisions of 12-101, et seq., and 14-401, et seq.
WV Code § 48-14-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§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.(c) Upon entry of an order modifying a child support amount the court shall, no later than five days from entry of the order, provide a copy of the modified order to the Bureau for Child Support Enforcement. If an overpayment to one of the parties occurs as a result of the modified terms of the order, funds properly withheld by the Bureau for Child Support Enforcement pursuant the terms of the original order shall not be returned until such time as the Bureau for Child Support Enforcement receives repayment from the party in possession of the overpayment.
WV Code § 48-14-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-107. Modification of Support Order With the Assistance of Bureau for Child Support Enforcement

In addition to any other procedure which may exist by law, any party seeking the recalculation of support and modification under a child support order due to a substantial change in circumstances pursuant to the provisions of section one hundred six of this article may seek and obtain the assistance of the Bureau of Child Support Enforcement, pursuant to the procedures established under the provisions of sections two hundred one through two hundred six, inclusive, article eighteen of this chapter, in the preparation, assessment and presentation of an appropriate petition for modification of a support order, including the identification and narrowing of issues associated with a requested recalculation of support prior to filing the petition, and the preparation and presentation of an appropriate petition and proposed order for modification for consideration by the family court.
WV Code § 48-14-108 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-108. Deceased Parties in Support Cases

(a) In the event of the death of any party to a domestic relations support action, support payments or a refund of support payments due to the party by the obligee, obligor or the Bureau for Child Support Enforcement, not in excess of $1,000, may, upon proper demand, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:(1) Surviving spouse;(2) Children eighteen years of age and over in equal shares;(3) Father and mother, or survivor; and(4) Sisters and brothers.(b) Payments under this section shall release and discharge the obligee, obligor or the Bureau for Child Support Enforcement to the amount of such payment.
WV Code § 48-14-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-201. Arrearages Stand by Operation of Law as Judgment Against Support Obligor

FOR OVERDUE SUPPORT.§48-14-201. Arrearages stand by operation of law as judgment against support obligor.When an obligor is in arrears in the payment of support which is required to be paid by the terms of an order for support of a child, an obligee or the Bureau for Child Support enforcement may file an abstract of the order giving rise to the support obligation and an "affidavit of accrued support," setting forth the particulars of such arrearage and requesting a writ of execution, suggestion or suggestee execution. The filing of the abstract and affidavit shall give rise, by operation of law, to a lien against personal property of an obligor who resides within this state or who owns property within this state for overdue support.