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A motion to change (modify) child support may be filed by any of the following people:

• a custodial parent;
• any lawful custodian or guardian;
• a parent or person who is ordered to pay support; or
• the Bureau for Child Support Enforcement (BCSE).¹

A judge can modify the order if there has been a substantial change in circumstances, which could include some of the following things:

• it has been at least three years since the entry of the most recent order or review, and the amount the guidelines would now order is more than ten percent different than the amount currently being paid;²
• a parent is incarcerated for six months or more;³
• there has been a temporary or permanent change in physical custody of the child, which the court has not ordered;
• there are increased needs of the child;
• there is a changed financial condition, which includes increases or decreases in the resources available to either parent;
• there has been an application for, or receipt of, any form of public assistance payments, unemployment compensation, or workers’ compensation; or
• a parent earns at least 15% more or less than when the order was issued, and this would change the amount of support ordered under the guidelines.⁴

In addition, BCSE will notify parents at least once every three years of their right to request a review of a child support order. Once BCSE completes the review, they might recommend that a modification petition be filed in court.⁵

¹ W. Va. Code § 48-11-105(a)
² W. Va. Code § 48-18-126(a)(1)
³ W. Va. Code § 48-18-202(b)
⁴ W. Va. Code § 48-18-126(d)
⁵ W. Va. Code § 48-18-126(b)