West Virginia 2023 Regular Session

West Virginia Senate Bill SB573

Introduced
2/6/23  
Refer
2/6/23  
Engrossed
2/28/23  
Refer
3/1/23  
Refer
3/1/23  
Enrolled
3/11/23  
Passed
3/29/23  

Caption

Relating to child support guidelines and Support Enforcement Commission

Impact

The passage of SB 573 will directly influence how child support is calculated in West Virginia by updating the state's previous formulas to reflect current economic realities and labor market conditions. By incorporating student loan deductions, the bill acknowledges the financial strain that education debt can impose on parents, ideally leading to more equitable child support agreements. Moreover, the updated guidelines will ensure that courts consider each parent's actual earning capacity, which could result in fairer outcomes and the promotion of compliance among parents subject to support obligations.

Summary

Senate Bill 573 focuses on amending the child support guidelines and procedures in the state of West Virginia. Primarily, it introduces a specific provision allowing for the deduction of student loan payments from a parent's income when calculating support obligations. This change is significant as it aims to address the financial realities of parents burdened with student debt, thereby refining the calculations of what they can reasonably afford to pay. The bill further clarifies various factors influencing how income is attributed to a parent, ensuring that courts take into account the specific circumstances of an obligor, particularly when they are underemployed or unemployed.

Sentiment

The legislative sentiment surrounding SB 573 appears largely supportive, with unanimous approval during voting signals a bipartisan agreement on the necessity of addressing child support adjustments amid changing societal and economic landscapes. Stakeholders have expressed positive feedback regarding the bill's potential to alleviate some financial burdens faced by parents, especially those managing both child support and educational debt. This sentiment reflects a growing recognition of the importance of adapting legal frameworks to better serve the needs of families in contemporary contexts.

Contention

Despite the general support, there were notable concerns brought up during discussions about the possible implications of the new provisions on parents' responsibilities. Critics highlighted that the allowance to deduct student loan payments might be misused or could disproportionately benefit higher-earning parents who may manipulate their financial disclosures to minimize support obligations. Thus, there is an ongoing conversation regarding balancing the bill's essential relief provisions for struggling parents against ensuring that the financial needs of children remain adequately met.

Companion Bills

No companion bills found.

Previously Filed As

WV SB454

Alimony and Child Support; guidelines for child support award calculations; provide

WV HB3163

Revising the definition of attributed support, update the basic child support guidelines, and the calculation of ability to pay

WV A611

Permits modification of alimony award based on cohabitation of supported spouse.

WV A641

Permits modification of alimony award based on cohabitation of supported spouse.

WV HB770

Provides relative to child support guidelines

WV SB2401

Child-support award guidelines; revise.

WV SB2259

Child-support award guidelines; revise.

WV SB0027

MARRIAGE ACT-CHILD SUPPORT

WV SB3284

IMDMA-PARENTING-CHILD SUPPORT

WV HB1889

CHILD SUPPORT-GIFTS

Similar Bills

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Alimony and Child Support; guidelines for child support award calculations; provide

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Revising the definition of attributed support, update the basic child support guidelines, and the calculation of ability to pay

NM SB223

Child Support Schedule Changes

WV SB1012

Updating child support guidelines

WV HB112

Relating to child support guidelines

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