Modifying Child Support After Job Loss, Disability or Incarceration in West Virginia

By the FigureMyTax Editorial Team · How we calculate

West Virginia child support does not drop on its own after a job loss. Use the expedited process for an involuntary loss of income; incarceration is not a listed ground, so file a motion.

Can you lower child support after a job loss in West Virginia?

Yes, by motion. A substantial change resulting in decreased income from loss of employment or another involuntary cause qualifies for the expedited process, and the standard form is built around a loss or change of employment (W.Va. Code 48-11-106(a)(1); 48-11-105(d)).

What if my income goes up in West Virginia?

An increase from a promotion, new job or reemployment is also covered by the expedited process (48-11-106(a)(2)), so the other parent can use it. Report changes promptly.

What if I am the other parent served with an expedited motion?

Contest within 14 days and ask for a hearing, or the proposed modification takes effect; attach your own income records (48-11-106(d)).

What if I am called to military service in West Virginia?

A military parent called to service can use the expedited process too (48-11-106(a)(4)).

What happens to support if I am incarcerated?

We found no West Virginia section in the text we read that suspends support during incarceration, and the 15% rule and the substantial-change standard are the tools. The order does not change on its own: file, because arrears accrue meanwhile. Federal rules say incarceration should not be treated as voluntary unemployment when setting or modifying support (45 CFR 302.56(c)(3)).

Does the court look at my arrears first?

The sections we read do not bar a modification of future support because of arrears, and a justified modification cannot be denied only because you are in contempt (48-14-502(2)).

Can I modify in West Virginia if I am in contempt?

Yes. A modification sought by an obligor, if otherwise justified, shall not be denied solely because the obligor is found in contempt (48-14-502(2)).

Can the expedited process raise support too?

Yes. Either parent can use it when income rises from a promotion, a new job or reemployment (48-11-106(a)(2)), so be ready to respond.

Is the guideline a fixed number?

The court may disregard or adjust the guidelines only as the guideline article allows and with findings (48-11-105(c); 48-11-102(a)(9)). Bring your worksheet.

What does attributed income mean in West Virginia?

Income not actually earned but attributed because a parent is unemployed, not working full time, working below earning capacity, or has nonperforming assets; the court weighs assets, work history, skills, education, age, health, criminal record, job-search record and the local job market (W.Va. Code 48-1-205(a)).

When can the court attribute income for leaving a job?

If you voluntarily left employment or altered your pattern of work, you are able and available to work full time, and you are not seeking work as a reasonably prudent person would (48-1-205(b)). A documented search helps.

Can West Virginia attribute income to me?

West Virginia defines attributed income as income not actually earned by a parent but attributed because of unemployment or underemployment (48-1-205); the sections we read for this post do not detail how it is applied, so bring proof the loss is involuntary.

What proof helps?

What should you do first?

1. File the motion now.
2. Keep paying what you can: matured installments are a decretal judgment with 5% simple interest (see how West Virginia interest works).
3. Check your numbers in the West Virginia child support modification calculator.

Frequently asked questions

Official sources

• W.Va. Code 48-11-105: modification of child support order
• W.Va. Code 48-11-106: expedited process for modification
• W.Va. Code 48-11-107: overpayment after modification
• W.Va. Code 48-1-204: arrearages; no retroactive modification
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• W.Va. Code 48-14-502: contempt and modification

This is general information, not legal advice. It is based on the cited West Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed West Virginia attorney.