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WV Code § 48-1-225 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-225. Extraordinary Medical Expenses Defined

Extraordinary medical expenses means uninsured medical expenses in excess of $250 per year per child which are recurring and can reasonably be predicted by the court at the time of establishment or modification of a child support order. Such expenses shall include, but not be limited to, insurance copayments and deductibles, reasonable costs for necessary orthodontia, dental treatment, asthma treatments, physical therapy, prescription pharmaceuticals, vision therapy and eye care and any uninsured chronic health problem.
WV Code § 48-1-226 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-226. Family Court Judge Defined

Family court judge means a family court judge appointed or elected and authorized to hear certain domestic relations actions as provided in article two-a, chapter fifty-one of this code.
WV Code § 48-1-227 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-227. Final Divorce or Final Annulment Order Defined

Final divorce order or "final annulment order" means an order that grants or denies the judicial termination of a marriage contract.
WV Code § 48-1-229 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-229. Guardian of the Property of a Child Defined

Guardian of the property of a child means a person lawfully invested with the power, and charged with the duty, of managing and controlling the estate of a child.
WV Code § 48-1-230 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-230. Income Defined

Income includes, but is not limited to, the following:(1) Commissions, earnings, salaries, wages and other income due or to be due in the future to an individual from his or her employer and successor employers;(2) Any payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, Social Security, unemployment compensation, supplemental employment benefits, workers' compensation benefits, state lottery winnings and prizes and overtime pay;(3) Any amount of money which is owing to an individual as a debt from an individual, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state or any other legal entity which is indebted to the obligor;(4) Any amount of money which is held by the Regional Jail Authority for an inmate in an inmate's concession account.
WV Code § 48-1-231 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-231. Individual Entitled to Support Enforcement Services Under the Provisions of This Chapter and the Provisions of Title Iv-D of the Federal Social Security Act Defined

(a) "Individual entitled to support enforcement services under the provisions of this chapter and the provisions of Title IV-D of the federal Social Security Act" means:(1) An individual who has applied for or is receiving services from the Bureau for Child Support enforcement and who is the parent of a child, or the caretaker of a child, or the guardian of the property of a child when:(A) The child has a parent and child relationship with an obligor who is not a custodial parent, a caretaker or a guardian; and(B) The obligor with whom the child has a parent and child relationship is not meeting an obligation to support the child, or has not met such obligation in the past; or(2) An individual who has applied for or is receiving services from the Bureau for Child Support enforcement and who is an adult or an emancipated minor whose spouse or former spouse has been ordered by a court of competent jurisdiction to pay spousal support to the individual, whether such support is denominated spousal support or separate maintenance, or is identified by some other terminology, thus establishing a support obligation with respect to such spouse, when the obligor required to pay such spousal support is not meeting the obligation, or has not met such obligation in the past; or(3) Any individual who is an obligee in a support order, entered by a court of competent jurisdiction after December 31, 1993.(b) The filing of an action wherein the establishment or enforcement of child support is an issue constitutes an application to receive services from the Bureau for Child Support enforcement, if the individual filing the action is otherwise eligible for such services: Provided, That any such individual has the option to decline the receipt of such services.
WV Code § 48-1-232 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-232. Legal Parent Defined

Legal parent means an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.
WV Code § 48-1-233 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-233. Marital Property Defined

Marital property means:(1) All property and earnings acquired by either spouse during a marriage, including every valuable right and interest, corporeal or incorporeal, tangible or intangible, real or personal, regardless of the form of ownership, whether legal or beneficial, whether individually held, held in trust by a third party, or whether held by the parties to the marriage in some form of coownership such as joint tenancy or tenancy in common, joint tenancy with the right of survivorship, or any other form of shared ownership recognized in other jurisdictions without this state, except that marital property does not include separate property as defined in section 1-238; and(2) The amount of any increase in value in the separate property of either of the parties to a marriage, which increase results from: (A) An expenditure of funds which are marital property, including an expenditure of such funds which reduces indebtedness against separate property, extinguishes liens, or otherwise increases the net value of separate property; or (B) work performed by either or both of the parties during the marriage.The definition of "marital property" contained in this section has no application outside of the provisions of this article, and the common law as to the ownership of the respective property and earnings of a husband and wife, as altered by the provisions of article 29 of this chapter and other provisions of this code, are not abrogated by implication or otherwise, except as expressly provided for by the provisions of this article as such provisions are applied in actions brought under this article or for the enforcement of rights under this article.
WV Code § 48-1-233 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-233. 1. Mediation Defined

Mediation means a method of alternative dispute resolution in which a neutral third person helps resolve a dispute. Mediation is an informal, nonadversarial process whereby the neutral third person, the mediator, assists parties to a dispute to resolve, by agreement, some or all of the differences between them. The mediator has no authority to render a judgment on any issue of the dispute.
WV Code § 48-1-233 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-233. 2. Mediator Defined

Mediator means a neutral third person who interposes between two contending parties, with their consent, for the purpose of assisting them in settling their differences.
WV Code § 48-1-233 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-233. 3 Repealed Acts, 2017 Reg. sess., Ch

RepealedActs, 2017 Reg. Sess., Ch.
WV Code § 48-1-233 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-233. 4 Repealed Acts, 2017 Reg. sess., Ch. 66

RepealedActs, 2017 Reg. Sess., Ch. 66.
WV Code § 48-1-234 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-234. Obligee Defined

Obligee means:(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;(2) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or(3) An individual seeking a judgment determining parentage of the individual's child.
WV Code § 48-1-235 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-235. Obligor Defined

Obligor means an individual or the estate of a decedent:(1) Who owes or is alleged to owe a duty of support;(2) Who is alleged, but has not been adjudicated, to be a parent of a child; or(3) Who is liable under a support order.
WV Code § 48-1-235 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-235. 1. Parent Defined

Parent means a legal parent as defined in section 1-232 unless otherwise specified.
WV Code § 48-1-235 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-235. 2. Parenting Functions Defined

Parenting functions means tasks that serve the needs of the child or the child's residential family. Parenting functions include caretaking functions, as defined in section 1-210. Parenting functions also include functions that are not caretaking functions, including:(A) Provision of economic support;(B) Participation in decision-making regarding the child's welfare;(C) Maintenance or improvement of the family residence, home or furniture repair, home-improvement projects, yard work and house cleaning;(D) Financial planning and organization, car repair and maintenance, food and clothing purchasing, cleaning and maintenance of clothing, and other tasks supporting the consumption and savings needs of the family; and(E) Other functions usually performed by a parent or guardian that are important to the child's welfare and development.
WV Code § 48-1-235 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-235. 3. Parenting Plan Defined

Parenting plan means a temporary parenting plan as defined in subdivision (22) of this section or a permanent parenting plan as defined in subdivision (17) of this section.
WV Code § 48-1-235 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-235. 4. Permanent Parenting Plan Defined

Permanent parenting plan means a plan for parenting a child that is incorporated into a final order or subsequent modification order in a domestic relations action. The plan principally establishes, but is not limited to, the allocation of custodial responsibility and significant decision-making responsibility and provisions for resolution of subsequent disputes between the parents.
WV Code § 48-1-235 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-235. 5. Rehabilitative Spousal Support Defined

Rehabilitative spousal support means spousal support payable for a specific and determinable period of time, designed to cease when the payee is, after the exercise of reasonable efforts, in a position of self-support.
WV Code § 48-1-236 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-236. Secretary Defined

Secretary means the secretary of the Department of Health and Human Resources.
WV Code § 48-1-237 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-237. Separate Property Defined

Separate property means:(1) Property acquired by a person before marriage;(2) Property acquired by a person during marriage in exchange for separate property which was acquired before the marriage;(3) Property acquired by a person during marriage, but excluded from treatment as marital property by a valid agreement of the parties entered into before or during the marriage;(4) Property acquired by a party during marriage by gift, bequest, devise, descent or distribution;(5) Property acquired by a party during a marriage but after the separation of the parties and before ordering an annulment, divorce or separate maintenance; or(6) Any increase in the value of separate property as defined in subdivision (1), (2), (3), (4) or (5) of this section which is due to inflation or to a change in market value resulting from conditions outside the control of the parties.
WV Code § 48-1-238 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-238. Separation Defined

Separation or "separation of the parties" means the uninterrupted separation of a husband and wife for some continuous period of time during which they do not cohabit or otherwise live together as husband and wife. When a separation is required as a predicate for filing an action under this article, the separation must continue through the date of filing.
WV Code § 48-1-239 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-239. Shared Parenting Defined

(a) "Shared parenting" means either basic shared parenting or extended shared parenting.(b) "Basic shared parenting" means an arrangement under which one parent keeps a child or children overnight for less than 35 percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.(c) "Extended shared parenting" means an arrangement under which each parent keeps a child or children overnight for more than 35 percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.(d) In any case where, in the absence of an agreement between the parents, a court orders shared parenting; the order shall be in writing and include specific findings of fact supporting the Courts determination.
WV Code § 48-1-239a (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-239a. Shared Legal Custody Defined

Shared legal custody means a continued mutual responsibility and involvement by both parents in major decisions regarding the childs welfare including matters of education, medical care, and emotional, moral, and religious development consistent with the provisions of 48-9-207 of this code.
WV Code § 48-1-239b (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-239b. Sole Legal Custody Defined

Sole legal custody means that one parent has the right and responsibility to make major decisions regarding the childs welfare including matters of education, non-emergency medical care, and emotional, moral, and religious development.
WV Code § 48-1-240 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-240. Source of Income Defined

Source of income means an employer or successor employer or any other person who owes or will owe income to an obligor.
WV Code § 48-1-241 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-241. Split Physical Custody Defined

Split physical custody means a situation where there is more than one child and where each parent has physical custody of at least one child.
WV Code § 48-1-241a (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-241a. Shared Physical Custody Defined

Shared physical custody means a child has periods of residing with, and being under the supervision of, each parent consistent with the provisions of 48-9-206 of this code: Provided, That physical custody shall be shared by the parents in such a way as to assure a child has frequent and continuing contact with both parents. Such frequent and continuing contact with both parents is rebuttably presumed to be in the best interests of the child unless the evidence shows otherwise.
WV Code § 48-1-241b (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-241b. Sole Physical Custody Defined

Sole physical custody means a child resides with and is under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that the visitation would not be in the best interests of the child.
WV Code § 48-1-242 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-242. Spousal Support Defined

Spousal support means an allowance that a person may be ordered to pay for the support and maintenance of a spouse or a former spouse, while they are living separate and apart or after an order for divorce, annulment or separate maintenance.
WV Code § 48-1-243 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-243. Spousal Support in Gross Defined

Spousal support in gross means spousal support payable either in a lump sum, or in periodic payments of a definite amount over a specific period of time. A spousal support award is "spousal support in gross" only if the award grants spousal support in such terms that a determination can be made of the total amount to be paid as well as the time such payments will cease.
WV Code § 48-1-244 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-244. Support Defined

Support means the payment of money, including interest:(1) For a child or spouse, ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent or modified order, the amount of unpaid support shall bear simple interest from the date it accrued, at a rate of five percent per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;(2) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile or payments for day care; or(3) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
WV Code § 48-1-245 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-245. Support Order Defined

(a) For cases being enforced pursuant to Title IV-D of the Social Security Act, "support order" means a judgment, decree or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearage or reimbursements, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.(b) For all other cases, "support order" means an order as defined in subsection (a) of this section and, in addition, an order for the support and maintenance of a spouse or former spouse.
WV Code § 48-1-246 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-246. Unreimbursed Health Care Expenses Defined

Unreimbursed health care expenses means the child's portion of health insurance premiums and extraordinary medical expenses.
WV Code § 48-1-247 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-247. Work-Related Child Care Costs Defined

Work-related child care costs shall mean the cost of child care the parent incurs due to employment or the search for employment.
WV Code § 48-1-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-301. Communications Between Clergy and Party

RELATING TO DOMESTIC RELATIONS.§48-1-301. Communications between clergy and party.(a) A party to a domestic relations action cannot compel a member of the clergy to testify regarding any communications or statements made to the member of the clergy in his or her capacity as spiritual counselor or spiritual adviser by a party to the action, if the following conditions exist:(1) Both the clergy and the party making such communications or statements claim that the communications or statements were made to the clergy in his capacity as a clergy and spiritual counselor or spiritual adviser to such party; (2) No person, other than a member of the clergy, a party and the spouse of the party, was present when such communications or statements were made; and(3) The party making such communications or statements does not either consent to their disclosure or otherwise waive the privilege granted by this section.(b) The privilege granted by this section shall be in addition to and not in derogation of any other privileges recognized by law.
WV Code § 48-1-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-302. Calculation of Interest

(a) Notwithstanding any other provisions of the code, if an obligation to pay interest arises under this chapter, the rate of interest is five percent per annum and proportionate thereto for a greater or lesser sum, or for a longer or shorter time. Interest awarded shall only be simple interest and nothing in this section may be construed to permit awarding of compound interest. Interest accrues only upon the outstanding principal of such obligation.(b) Notwithstanding any other provision of law, no court may award or approve prejudgment interest in a domestic relations action against a party unless the court finds, in writing, that the party engaged in conduct that would violate subsection (b), Rule 11 of the West Virginia Rules of Civil Procedure. If prejudgment interest is awarded, the court shall calculate prejudgment interest from the date the offending representation was presented to the court pursuant to subsection (a) of this section.(c) Upon written agreement by both parties, an obligor may petition the court to enter an order conditionally suspending the collection of all or part of the interest that has accrued on past-due child support prior to the date of the agreement: Provided, That said agreement shall also establish a reasonable payment plan which is calculated to fully discharge all arrearages within sixty months. Upon successful completion of the payment plan, the court shall enter an order which permanently relieves the obligor of the obligation to pay the accrued interest. If the obligor fails to comply with the terms of the written agreement, then the court shall enter an order which reinstates the accrued interest.(d) Amendments to this section enacted by the Legislature during the 2006 regular session shall become effective January 1, 2007.