Instructions Child Support (Page 4 of 4) in pdf

STEP 5. WHAT HAPPENS AFTER YOU RECEIVE THE NOTICE OF RECALCULATION?

When you receive the tentative recalculation Notice, the other parent will receive the Notice and a

copy of your Petition. The local office of the Bureau of Child Support Enforcement will also receive the

Notice. The Notice will inform the other parent and the Bureau of Child Support Enforcement they have 14

days from the date of service to contest the tentative recalculation and request a hearing. If either one

requests a hearing, all parties will receive an order stating the date, time, and place of the hearing. How to

prepare for a hearing is discussed in Step 6.

If neither the other parent nor the Bureau of Child Support Enforcement requests a hearing within 14

days, the Family Court Judge will prepare a Default Order setting child support at the amount stated in the

Notice. Everyone involved will receive copies of the Order.

STEP 6. PREPARING FOR A HEARING.

If a hearing is held, the subject will be the changes in the financial circumstances of you and/or the

other parent. You will need to prove what you stated in your Petition. Here are some tips on getting ready

for a hearing.

Allow plenty of time to prepare.

Make a plan for how you will present your case. Generally speaking, you can prove your case by

your testimony, by the testimony of other witnesses, and by documents or records. List the things you want

to prove, and for each item, list how you will prove it, by witness testimony or a document, for example.

Make sure you have requested all necessary witness subpoenas. If you know you will need a witness

to testify at the hearing, and you’re not certain the witness will voluntarily show up, you will need to

subpoena that witness. Witness subpoenas are handled through the Circuit Clerk’s Office. To obtain a

witness subpoena, you need to provide the Deputy Circuit Clerk with the name and address of the witness,

and pay a Clerk’s fee of 50¢ per subpoena, and a service fee of $25 per subpoena, unless your fees have been

waived. You should request witness subpoenas at least 10 days before the hearing. If you cannot afford to

pay the subpoena fees, read the last paragraph in Step 2.

Step 7 explains what happens after the hearing.

STEP 7. WHAT HAPPENS AFTER THE HEARING?

The Family Court Judge will consider the evidence presented at the hearing, and make a decision.

That decision will be written down in an Order, and copies will be sent to the parties.

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

Page 4 of 4

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

WVSCA Approved: 2/9/2016

Instructions Child Support Page 4