Form Sca-Fc-200 - Wv Modification Instructions (Page 4 of 4) in pdf

STEP 3. PREPARING FOR THE HEARING

Make sure the opposing party has been served. Wait seven business days after filing your

Petition, and check with the Circuit Clerk’s Office to confirm service. If the opposing party has not

been served, the hearing will not be held by the Family Court.

After your Petition has been filed, and the other parties have been served, you will receive an

Order from the Family Court. This Order will state the place, date, and time of your hearing, and it will

order you and the opposing party to file certain information, documents, and records before the hearing.

You MUST gather all of these documents and records, make copies, and file the copies in

the Circuit Clerk’s Office on the date ordered by the Family Court. IF YOU DO NOT, YOUR

HEARING MAY BE CANCELLED!

Make sure you have requested all necessary witness subpoenas. You need to request these

subpoenas at least 10 days before the hearing. Return to Step 2 for information on witness subpoenas.

Make a plan for how you will present your case for modification at the hearing. At the hearing,

you will be required to make a case to the Court why the amount of child support, or spousal support

should be changed, or why the arrangements for time spent with the children should be changed.

To make a case for a support change, you need to show that your financial circumstances, and/or

the opposing party’s financial circumstances have changed in such a way that support should be

increased or decreased. These types of cases are generally made by showing increases and/or decreases

in income and/or expenses by 15% or more.

To make a case for a change in time spent with children or decision making responsibilities, you

would need to show, for example, that your circumstances, and/or the opposing party’s circumstances

have changed in such a way that one of you is able to spend more or less time with the children. With

regard to support and time spent with the children, you can show changes in circumstances by your

testimony, by the testimony of other witnesses, or by documents or records.

Make a plan for how you will present your case. It’s best to write things down. List what you

want to prove, and for each item you want to prove, list how you will do so, by witness testimony, or a

document, for example. Step 4 explains what happens after the hearing.

STEP 4. 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-200: WV Modification Packet Instructions

Page 4 of 4

Review Date: 10/2015; Revision Date: 10/2015;

WVSCA Approved: 2/9/2016

Form Sca-Fc-200 - Wv Modification Instructions Page 4