Instructions Child Support (Page 2 of 4) in pdf

Even if you want to ask the court to modify child support, you MUST meet certain requirements

before you can file a Petition for Expedited Modification of Child Support. Read the following

paragraphs to determine if you can file a Petition for Expedited Modification of Child Support.

A Petition for Expedited Modification of Child Support can be filed ONLY if:

1. One or both parents have experienced a substantial change in financial circumstances. The

substantial change must be an increase or decrease of income resulting from a change in

employment status such as loss of job, promotion, raise, or new job. You CANNOT file this

petition if the decrease of income is the result of you voluntarily quitting your job.

2. The court can consider your Petition for Expedited Modification of Child Support only if the

substantial change in one or both parents’ financial circumstances will result in a new child

support amount that is more than 15% different from the current child support amount.

If you meet ALL of the requirements for filing a Petition for Expedited Modification of Child

Support, continue reading.

These instructions will tell you how to fill out the Petition for Expedited Modification of Child

Support (SCA-FC-201) form, and the Civil Case Information Statement (SCA-FC-103). These instructions

will also tell you how to file the Petition in the Circuit Clerk’s Office and prepare for a hearing. Read these

instructions carefully. If these instructions are not followed, or if the Petition form is not properly

completed, your case may be harmed, delayed, or dismissed. It’s best to read all of the instructions before

you start filling out forms. When you fill out the forms, write or print the information carefully so it can be

read and understood. You may want to make a couple of spare copies of the blank Petition form before you

start filling it out. You can use these spare copies to practice on, or use if you make an error.

STEP 1. FILL OUT THE PETITION FORM.

The information at the top of page 1 is called the “case style.” The case style stays the same

throughout your case, so you can simply copy the case style information from one of the orders in your case.

Provide your current address and telephone number on the Civil Case Information Statement. Fill in the

address and the telephone number of the other party. If you feel your safety or the safety of your children is

at risk if the other party is provided your address, you can request the Affidavit for Withholding Identifying

Information from the Circuit Clerk. Once you file the Affidavit for Withholding Identifying Information, the

Circuit Clerk will not release your address or telephone number to the other party. As these instructions

explain later, you will need the other parent’s current address to serve your Petition.

Completing the Petition form requires you to fill in the blanks and provide information. All of the

requested information is important, so be sure you complete every item that applies to your situation. After

you have completed the form, sign and date it, but don’t sign the Verification until you are before a Notary

Public. Deputy Circuit Clerks can also witness your signature on the Verification. Then file your completed

Petition in the Circuit Clerk’s Office, Step 2 discusses how to do this. Before you go to the Circuit Clerk’s

Office, you may want to have a copy made of your completed and verified Petition. If you are attaching any

documents to the Petition, you should make two sets of copies of the documents. You can have copies made

in the Circuit Clerk’s Office, but the law requires the clerk to charge one dollar per page.

SCA-FC-225: WV Instructions for Petition for Expedited Modification of Child Support

Page 2 of 4

Review Date: 04/2016; Revision Date: 04/2016;

WVSCA Approved: 2/9/2016

Instructions Child Support Page 2