(a)Filing procedure. – An expedited modification petition, any supporting documents, a completed Bureau for Child Support Enforcement A Information Worksheet Form, and a case information statement shall be filed with the circuit clerk. The circuit clerk shall collect the filing fee, provide the filing party with a copy of the current child support order and the child support calculations accompanying that order, and within five days of filing shall send a copy of the case information statement to the family court. After filing the petition with the circuit clerk the filing party shall take or mail to the family court a copy of the petition, any supporting documents, and a copy of the current child support order together with the child support calculations accompanying that order. (b)Actions by family court upon receipt of petition. – The family court shall review the petition and any supporting documents, and tentatively recalculate the amount of support by application of current child support guidelines. The family court shall summarily deny the petition unless the tentative recalculation results in a support change of at least 15%. If the tentative recalculation results in a support change of at least 15%, but the circumstances set forth in the petition fail to meet the other expedited modification requirements in W. Va. Code, § 48-11-106, the family court may treat the petition as a non-expedited petition for modification. If the petition for expedited modification meets all of the requirements in W. Va. Code, § 48-11-106, the family court shall prepare a notice on the required form; and upon receipt of satisfactory proof that the fee for service by certified mail has been paid or waived, shall serve copies of the notice, the petition, and any supporting documents on the other parent and the local child support enforcement office by certified mail, return receipt requested. (c)Time allowed to request a hearing. – A party receiving notice has 14 days from the date of the certified mailing to provide the family court judge with a written request for a hearing. (d)Hearing requested; preparation of scheduling order. – Within five days of receiving a timely request for a hearing the family court judge shall enter a scheduling order setting a hearing for a date and time certain. (e)No hearing requested; preparation of default order. – If no party makes a timely request for a hearing, the family court judge shall enter an order for a judgment by default setting child support at the recalculated amount. (f)Fees for certified mail service. – Fees for certified mail service required by this rule shall be paid to the circuit clerk, and the circuit clerk shall pay all such fees into the Family Court Fund.
W. Va. R. Prac. & P. Fam. Ct. 51
Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.
