1	CHANGING YOUR COURT ORDER
2	DISCLAIMER The following information applies to court orders obtained in the State of West Virginia only. Information and procedures concerning orders obtained in other states may differ, depending on the laws of that particular state.
3	DISCLAIMER The following information is not intended to be legal advice. It is only presented to give very basic information about modifying court orders. If more information is needed, contact an attorney or the court. If you do not have an attorney, you may contact the: WV State Bar Lawyer Referral Service at 304-558-7991, or The Legal Aid Hotline at 800-642-3617 (WV Residents only) Tuesday 6pm – 8pm.
4	Modification When a court order for child support needs to be changed, a new order for “modification” must be obtained from the court.
5	Will The Court Modify Or Not? Generally, the court will grant a modification in the following circumstances: There would be a 15% increase or decrease in the support amount if the child support formula were run using current information (current income). There is a substantial change in circumstances. Either party begins receiving public assistance, including SSI. The child(ren) begin receiving dependant benefits from the Non-Custodial Parent’s Social Security Disability.
6	Common Reasons For Modification Changes to health insurance availability. Either parent’s income decreases or increases. Job loss of either parent due to no fault of his/her own. The Non-Custodial Parent will be incarcerated for a long period of time. Change in custody of one or more of the children. Increased needs of the child. OR……..
7	Common Reasons For Modification The youngest child will be 18 but still in high school; therefore, support needs to continue until he/she graduates. One or more of the children is now 18. Any other valid reason for modification.
8	Will The Court Modify Or Not? The court makes the final decision whether to modify an order.
9	How Often May An Order Be Modified? As often as the court determines there is a substantial change in circumstances.
10	How Long Does It Usually Take? How long it takes depends on: How quickly a hearing date can be obtained; The process used to modify the order.
11	How Is An Order Modified? There are 3 ways to bring a modification to the court. Expedited Modification Petition to Modify may be filed: Pro se (without an attorney), or By a private attorney, or By the BCSE. Administrative Modification
12	How Is An Order Modified? Following are brief descriptions of each process. Choose the one that best fits your circumstances.
13	What Are The Kinds Of Modifications? Expedited Modification: Is usually the fastest way. Can only be filed when a parent has experienced a substantial change in financial circumstances, such as a parent losing his/her job, and the change in support is at least 15%. A court hearing might be held. Forms may be obtained from the Circuit Clerk, or From the WV Supreme Court Website at: http://www.state.wv.us/wvsca/rules/ FamilyCourt/index.htm
14	What Are The Kinds Of Modifications? Petition to Modify: A “petition to modify” may be filed by either party with or without attorney and/or BCSE involvement. If you choose to file without the aid of an attorney or the BCSE, this is called “Pro se.” Modification forms may be obtained from the Circuit Clerk, or From the WV Supreme Court website at: http://www.state.wv.us/wvsca/rules/ FamilyCourt/index.htm
15	Petition to Modify, cont…… A private attorney may also file a petition to modify on your behalf; or
16	Petition to Modify, cont…… If you choose to request the Services of the BCSE: The request must be made in writing. The BCSE will send out forms to collect financial information. The Child Support Formula will be run. If a change is warranted, the BCSE will file the petition to modify. The BCSE does NOT represent either party.
17	What Are The Kinds Of Modifications? Administrative Modification The hearing may not be necessary. Only the BCSE can use this process. The BCSE will send out forms to collect financial information. The Child Support Formula will be run. If a change is appropriate, the BCSE will prepare a “Modification Order” and mail copies to each party.
18	"Administrative Modification" Administrative Modification cont….. If all parties are in agreement, the judge may sign the order or schedule a hearing. If either party disagrees with the order, a court hearing will be scheduled.
19	West Virginia Bureau for Child Support Enforcement