Rule 44 – Court’s consideration of mediated agreement

May 14, 2021 | Family Law, West Virginia

Upon receipt of a mediated agreement the court shall review the agreement to determine if it is knowing, voluntary, and in the best interests of the parties’ children. The court shall cause the child support formula to be calculated based on the allocation of custodial responsibility in the parenting plan contained in the mediated agreement; and by way of comparison, shall cause the child support formula to be calculated in accordance with W. Va. Code, ยงยง 48-13-401 to 404, 501, and 502. After being informed on the record of the mediated agreement’s child support implications, if the parties assent to the agreement on the record, and if the court determines there is no impediment to the validity of the agreement, the court shall incorporate the mediated agreement in an order.

W. Va. R. Prac. & P. Fam. Ct. 44

Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.