WEST VIRGINIA Part 23

Modifying an Order

Once a child support order is in place, either parent can ask to change it at any time. If it has been less than 36 months since the court awarded payments, then an order can’t be changed unless there has been a substantial change in circumstances. Substantial changes are caused by events like the loss of a job, or even a promotion. It could also be a shift in who has physical custody of the child or in a child’s needs.

If the order has been in place for at least 36 months, then you can ask for a review of the amount. In fact, West Virginia’s Bureau of Child Support Enforcement should contact you every 36 months to remind you that you have that right, even if there has not been a substantial change.