Child support generally may be changed or modified by filing a motion to modify and demonstrating to the court that the circumstances of the child or one or both parents have materially and substantially changed, or that some period of time (3 years, for example) has passed since the court’s last child support order. And if there has been a material and substantial change in the custody of the child—if, for example, the noncustodial parent who was paying child support has become the custodial parent—the court may change or eliminate the child support obligation based on the change in the custody arrangement.
In West Virginia, child support orders can be modified if there has been a material and substantial change in the circumstances of the child or either parent. To initiate a modification, a motion must be filed with the court that issued the original child support order. The party seeking the modification must demonstrate that the changes are significant enough to warrant an adjustment to the support amount. This could include changes in income, employment, health, or living arrangements. Additionally, if three years have passed since the last child support order, a review and modification can be requested. Furthermore, if there is a change in custody, such as the noncustodial parent becoming the custodial parent, the court may alter or terminate the child support obligation to reflect the new custody arrangement. The court will always consider the best interests of the child when deciding on modifications to child support.