for legal information you may call 1-800-642-3617 Tuesdays 6 p.m. to 8 p.m.
Read these instructions through before writing on your papers. You might want to practice what you are going to
write on a blank sheet of paper first, then copy over to your court papers.
You will need a copy of the current support order. If you do not have this order get a copy from the circuit clerk
of the county where the judge made the order.
If you do not know the address or location of the other parent (in order for that person to be served with these
modification papers) go to the Child Support Enforcement Division (formerly Child Advocate Office) and ask
for help.
1. Fill out the form "Motion for Modification of Support Order" attached as instructed on the Motion form.

STOP!
Warning: Do not sign the Motion on the signature line until you are in front of a Notary
Public or the Circuit Clerk. See 4" Below.
2. After you have completed the "Motion" papers, call the Family Law Master office and ask for a court hearing
date. When you have the court hearing date:
a. Fill out the top of the Notice of Hearing papers with the same information as the Motion papers.
Put the name and address of the other party on the "To" lines of the "Notice" paper. (If you have questions about
filling in the other blanks on the Notice form ask the Circuit Clerk.)
b. Fill the date, time, Family Law Masters name, county and city in the blanks on the "Notice" paper.
c. Fill out the Certification of Service at the bottom.
3. Take the filled out forms to the Circuit Clerk's office.
4. Now, in front of the Circuit Clerk or a Notary Public, sign all the forms on the blank that says Petitioners
Signature and date them.
Note: If the Circuit Clerk or Family Law Master wants to charge you any fees, and if you are low
income, tell the clerk to give you an ap plication for a fee waiver. Fill in your incom e and expenses
and you m ay be approved for a w aiver of fees.
5. The Circuit Clerk's office will then officially file the motion and notice of hearing. A copy will be sent or
served on the other parent. If you indicated on the motion that any children in question had received a welfare
check or medicaid, or if the Child Support Enforcement Division (formerly Child Advocate Office) is currently
involved in the case, then a copy will also be sent to them.
6. Be sure to go to the hearing and be prepared to tell your story.
7. At the hearing you will need to show proof of your income.
8. If you need witnesses, they can be subpoenaed. Ask the Circuit Clerk. Subpoenaing witnesses is a good idea
if they have to miss work. (Remember, as a general rule you cannot say what someone else told you. That person
has to be there themselves to talk.) If you want a witness to attend the hearing or need to have certain documents
at the hearing you should have the Circuit Clerk subpoena that person or that organization for documents. Get the
address or place where the subpoena may be served, and go to the circuit clerk's office and tell the circuit clerk what
you want. IN THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA

[From previous order]

[Your Name]

[Address]
[For safety reasons or other good cause may be omitted]
,
[City, state, zip]
Petitioner,
v.
Civil Action No:
[ # From previous order]

[Name of other party]

[Number and street, P. O. Box or oth er location for service
]
,
[City, state, zip]
Respondent.
MOTION FOR MODIFICATION OF SUPPORT ORDER
9
Chec k if any children in question are receiving or have received a welfare che ck, a med icaid card or if they are receiving service s from
the Child Support Enforcement Division (formerly Child Advocate Office).
Comes now the petitioner being first duly sworn and says that the following facts and allegations are true
except insofar as they are therein stated to be on information and belief, and that insofar as they are so stated, they
are believed to be true and says:
1. The order which set the current amount of child support is dated: .


month day year
2. The following grounds exist for a change in the current support award:
[Check the boxes that apply. One must apply:]
9

Calculating child support b y the child support formula, using the current net incomes and other
circumstances of both parents results in a child support amount that is either 15% more than the
current court ordered amount or 15% less than the current court ordered amount of support.
9

A substantial change in circumstances has occurred because of a change in the cost of living caused
by inflation or increases in the children's needs because they are older or unexpected changes
affecting basic needs such as housing or transportation.
9

Actual physical custody of the child has changed to . 9
Medical insurance coverage has changed in that:
9
it is now available
9
it has been lost
9
it has otherwise changed
Give details:_________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
3. Because the above change in circumstances child support should:
[check one]
9
increase
9
decrease
9
terminate
9
be paid to another pe rson
9
be paid by another pe rson
WHEREFORE, the petitioner asks that this court:
1. Ascertain the ability of the parents to supply medical care for each child by:
a) furnishing medical insurance coverage;
b) by paying deductibles;
c) or by otherwise providing financially for such care.
2. Calculate support under the child support formula, and
3. Make a new order modifying the previous order regarding support.
Petitioner's Signature Date
[Sign in front of Circuit Clerk]
Subscribed and sworn to before me this day of , 2 .
My commission expires .



Notary Public IN THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA
,
Petitioner,
v.
Civil Action No:___________
,
Respondent.
NOTICE OF HEARING
TO:




You will please take notice that there will be a hearing in the above-styled civil action on the relief sought
in the attached Motion on the day of , 2____, at o'clock .m. before the Honorable
, Family Law Master of this Circuit Court, in the _________________ County
Courthouse, , West Virginia, at which time and place you may appear and take such
action as may be necessary to protect your interests. You are not required to appear. However if you do not appear
the Court may give the relief sought in the attached motion even if you do not appear.

Dat e:
Petitioners Signature

Print Name

Address

City State Zip
CERTIFICATE OF SERVICE
I, ____________________________________________, Petitioner in the foregoing action hereby cert ify that I
have sent a copy of this Notice of Hearing to the Respondent at the above address by depositing a true copy of the
same in the U.S. Mail, postage prepaid, this the ______ day of __________________________, 2_____.
_____________________________________________
Signature