W. Va. R. Proc. Child & Neg. Proceed. 16a

As amended through January 31, 2024
Rule 16a - Required Entry of Support Orders
(a)Entry of Support Orders.- Every order in a child abuse and neglect proceeding that altersthe custodial and decision-making responsibility for a child and/or commits the child to thecustody of the Department of Health and Human Resources must impose a support obligationupon one or both parents for the support, maintenance and education of the child, pursuant toW.Va. Code § 49-4-801, et seq ..
(b)Use of Guidelines.- Any order establishing a child support obligation in an abuse andneglect proceeding must use the Guidelines for Child Support Awards found in W. Va. Code § 48-13-101, et seq. The Guidelines may be disregarded, or the calculation of an award under the Guidelines may be adjusted, only if the court makes specific findings that use of the Guidelines is inappropriate.
(c)Modifications.- Any order establishing a child support obligation in a child abuse andneglect proceeding may be modified by the court upon motion of any party. An order grantingmodification of a support obligation must use the Guidelines for Child Support Awards found inW. Va. Code § 48-13-101, et seq.
(d)Transfer to family court prohibited.- No portion of a child abuse and neglect proceeding may be transferred or remanded to a family court for assessment of a child support obligation.

W. Va. R. Proc. Child & Neg. Proceed. 16a