How to modify child support or spousal support in West Virginia

Sources last checked: 4 November 2026. Information only, not legal advice. The Cusp is not a law firm.

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The short version

In West Virginia, child support is changed under W. Va. Code section 48-11-105 and spousal support under section 48-5-701. The state court system posts an instruction packet, Modification of Child Support, Spousal Support, and Time Spent with the Children (SCA-FC-200, revised 05/29/2024), with a Petition for Modification (SCA-FC-201, revised 10/1/2015) that can ask to increase, decrease or end either kind of support. There is also a separate Petition for Expedited Modification of Child Support (SCA-FC-226, revised 10/01/2015) for child support only. We found no statute saying a change reaches back to the day you file, except for one situation in spousal support described below.

What a petition can ask for

  • Child support, the basic test: section 48-11-105(a) says the court may modify an order when a motion “alleges a change in the circumstances” of a parent or another proper person. The motion may be brought by the custodial parent or other guardian, by the parent obligated to pay, or by the Bureau for Child Support Enforcement.
  • The fifteen percent rule: section 48-11-105(b) says the order may be modified if there is a substantial change in circumstances, and that a new guideline amount “more than fifteen percent different” counts as one. Section 48-5-704(c) similarly allows a revision where the existing amount is under 85 percent or over 115 percent of the guideline amount.
  • Guidelines: under section 48-11-105(c), a modified order must conform to the support guidelines unless the court disregards or adjusts them as the guideline article allows.
  • Verified petition: section 48-14-106(a) says the court may revise an order “upon the verified petition of an obligee or the obligor” as altered circumstances or needs of a child or either parent require.
  • Spousal support: section 48-5-701 says that after a final divorce order the court “may revise the order concerning spousal support” as the circumstances of the parties may require. The statute does not define the circumstances.
  • Reduction or ending for a de facto marriage: section 48-5-707 lets the court reduce or end spousal support on written findings that “a de facto marriage has existed” between the payee and another person since the award. It says the payor has the burden of proof by a preponderance of the evidence, and that rehabilitative support and support in gross are not reduced or ended on this ground.
  • Remarriage: section 48-6-203 says that if neither an agreement nor an order provides for remarriage, spousal support other than rehabilitative support or support in gross “shall cease on the remarriage of the payee”.
  • Overpayment after a reduction: section 48-11-107 says that where a reduction leaves the payor having overpaid, “the court shall grant a decretal judgment to the obligor”, to be offset against any arrears first. It applies to proceedings filed after 1 January 2001.

What else you file

The West Virginia Judiciary’s court forms page lists these. Revision dates are given only for the PDFs we opened.

  • Petition for Modification (SCA-FC-201, revised 10/1/2015): asks for the date of the order you want changed and whether the change concerns the parenting plan, child support or spousal support. The choices include increase child support, decrease child support, end child support, increase spousal support, decrease spousal support and end spousal support. You explain the changes in circumstances, answer questions about public assistance, Bureau for Child Support Enforcement services and child protective services, and sign a verification before a notary.
  • The rest of the packet: the instructions name a Bureau for Child Support Enforcement Application and Income Withholding form (FDVCSAP), a Civil Case Information Statement (SCA-FC-103), a Financial Disclosure (SCA-FC-106) and a Certificate of Service (SCA-FC-314). They say the Financial Disclosure is for modification of child support and alimony cases. The parenting plan forms are not in the packet.
  • Expedited child support (SCA-FC-226, revised 10/01/2015, with instructions SCA-FC-225, revised 05/29/2024): the instructions say it can be used only for child support, not spousal support or a parenting plan. It requires a substantial change in income from a change in employment status, and a new amount more than 15 percent different. The instructions say you cannot use it if your income dropped because you voluntarily quit your job. If the recalculation is under 15 percent, the family court notifies you, and you can file the regular petition.
  • Withholding your address: an Affidavit for Withholding Identifying Information (SCA-FC-140) is available from the Circuit Clerk if disclosure would put you or your children at risk. We did not open it.
  • Fee waiver: the instructions say to ask a deputy circuit clerk for an affidavit to waive fees and costs, which needs proof of income.
  • If you are the other parent: we found no response form on the list we read.

Fees the court instructions list

These come from the 2024 revisions of the instruction packets, so confirm current amounts with the Circuit Clerk.

  • Filing a Petition for Modification: “The fee for filing a Petition for Modification is $85.” The packet says it is not refundable.
  • Filing an expedited child support petition: $35.
  • Service of the petition: $20 per party for certified mail, restricted delivery, and $30 per party for the Sheriff’s Department.
  • Copies: one dollar per page at the Circuit Clerk’s Office.
  • Witness subpoenas: 50 cents per subpoena to the clerk plus a $25 service fee in the regular packet. The expedited packet gives $30 for service by the sheriff.

What the statutes and instructions say

The wording below is a plain-language summary of the West Virginia Code as shown on the Legislature’s website and of the court’s instruction packets, all read on 4 November 2026, with short quotations.

  • Standard form, section 48-14-106(b): the Supreme Court of Appeals must provide a standard petition form, and circuit and family court clerks must make it available to people representing themselves.
  • Notice to the Bureau, section 48-11-105(e): after a child support order is modified, the court must send a copy to the Bureau for Child Support Enforcement no later than five days after entry.
  • Bureau help, section 48-14-107: a party seeking recalculation may ask the Bureau to help prepare and present the petition.
  • Expedited process, section 48-11-106: available where a parent has a substantial change in income from loss of employment or another involuntary cause, a promotion or new job, another change in employment status, or military service. The secretary-clerk serves notice by certified mail. The notice fixes a date fourteen days after mailing, and if no one contests and asks for a hearing by then, the proposed change takes effect by default judgment. The court instructions put it as 14 days from service for the other parent or the Bureau to ask for a hearing.
  • Spousal support and the date of service, section 48-5-707: when support is reduced or ended for a de facto marriage, the court shall make that retroactive to the date of service of the petition on the payee, unless repaying would cause an undue hardship.
  • Hearing evidence, SCA-FC-200: to change support you show that finances have changed, and the packet says these cases are generally made by showing changes in income or expenses “by 15% or more”.

Notice, service and hearing

This is from the court’s regular modification packet (SCA-FC-200).

  • Where to file: the packet says to file at the Circuit Clerk’s Office and pay the filing fee, or have it waived. It does not say which county.
  • Serving the other party: by certified mail, restricted delivery, return receipt requested, which the packet calls the simplest and most common; by the Sheriff’s Department; by a signed Acceptance of Service filed with the clerk; or by a private process server over 18 who is not a party and who files a Return of Service. The Bureau for Child Support Enforcement may be sent a copy by first class mail.
  • Check that service happened: wait seven business days after filing and check with the clerk. The packet says if the other side has not been served, “the hearing will not be held by the Family Court”.
  • Hearing order: after filing and service you receive an order stating the place, date and time of the hearing and telling both sides to file documents and records before it. The packet warns that your hearing may be cancelled if you do not.
  • Witnesses: request subpoenas through the clerk at least 10 days before the hearing.
  • After the hearing: the family court judge decides and the decision is written in an order sent to the parties.
  • Legal advice: the packet says clerk and family court staff are “prohibited by law from providing legal advice”.

Before you file

What we could not confirm

  • Whether a change can reach back before you file. Sections 48-11-105, 48-14-106 and 48-5-701 say nothing either way, and we read no court opinions. The only retroactivity language we found is in section 48-5-707, for de facto marriage.
  • What counts as changed circumstances for spousal support. The statute says only “as the circumstances of the parties may require”. We do not say how judges apply it.
  • Which county to file in. The packet says to file with the Circuit Clerk and does not name the county. We did not read the venue sections.
  • Current fees. The dollar amounts come from packets revised 05/29/2024. We did not read a fee statute or schedule.
  • Revision dates for several forms. We did not open SCA-FC-103, SCA-FC-106, SCA-FC-314, SCA-FC-140 or FDVCSAP. The posted SCA-FC-201 and SCA-FC-226 files print revision dates of 2015, though the website filed them under later months, so a newer version may exist.
  • Agreements that bar changes. We did not look for a West Virginia statute on non-modifiable spousal support agreements.
  • When spousal support ends at death. We saw only the title of section 48-6-202 and read the remarriage part of section 48-6-203 only as far as quoted above.
  • Guideline amounts. We did not read the guideline article or the worksheets, so this page gives no support figures.
  • Court rules. We did not read the family court rules of practice and procedure, so we say nothing about other deadlines.
  • The Bureau’s own pages. We read the statute about Bureau help but no Bureau for Child Support Enforcement page.
  • Local practice. We did not read any county’s procedures.

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Sources