Administrative Modification
continued
In addition to other existing procedures,
any child support obligee or obligor
seeking a modication of a child support
order due to a substantial change of
circumstances may request the help of
the BCSE. The BCSE will assess, prepare
and present a Petition for Modication
and a Proposed Order to the Family Court
if the case qualies for a modication.
The ling fee is paid by the BCSE for all
Petitions led pursuant to this process.
Substantial Change of Circumstances –
An increase or decrease in income due to
a loss of job, promotion, raise, or new job;
increased expenses for the child; the
child no longer lives with the person
receiving support payments, etc.
Denitions:
Obligee – The parent to whom child
support is paid.
Obligor – The parent who is court-
ordered to pay child support.
BCSE – The West Virginia Bureau for
Child Support Enforcement
What is an Administrative
Modification of Child Support?
How Do I File an
Administrative Modification
for Child Support?
1. Contact your local BCSE oice and
request an administrative modication of
your child support order.
2. You will be given an Administrative
Modication packet of forms with
instructions.
3. Read the directions and completely ll
out the forms.
4. Return the completed packet with any
supporting documentation to your local
BCSE oice.
5. If you are the requesting party and you do
not completely ll out and return all the
forms, the BCSE may not take action on
your request.
6. When the BCSE receives your completed
packet, it noties the opposing party that
a request for modication assistance has
been received.
7. The BCSE sends the opposing party a
copy of your request, long with a
Notication Packet of forms for the
opposing party to ll out and send back
to the BCSE.
8. If the opposing party does not respond,
the BCSE will use the requestor’s
information and any other available
information to determine if a substantial
change in circumstances has occurred.
9. Either party may request a meeting with
the BCSE to discuss the requested
modication.
10. This meeting is for informational
purposes only; it is NOT a hearing.
11. Based upon the information given by the
parties, the BCSE recalculates the child
support obligation based upon the child
support guidelines.
12. 1If no credible information exists to
establish a substantial change of
circumstances, the BCSE will notify the
parties that no action will be taken on the
modication request.
13. If the parties disagree with the BCSE’ s
decision, they may le a Petition for
Modication with the Family Court on
their own.
14. If the BCSE determines that a substantial
change in circumstances has occurred, it
les a Petition for Modication and a
Proposed Order with the Circuit Clerk.
15. The Circuit Clerk serves copies on the
parties and noties them that they have
20 days from receipt of the Petition and
Proposed Order to le an objection with
the Family Court.
16. If 20 days pass without objection, the
Court will either enter the Proposed
Order or set the matter for a hearing.
17. If either party objects to the Proposed
Order, the Court must set the matter for
a hearing.
18. The Court will consider the evidence
presented at the hearing and make a
decision.
19. That decision will be written down in an
Order, and copies will be sent to all
parties.