Rule 13.Financial disclosure

Current through December 29, 2025 · Last verified July 8, 2026

In one sentenceRule 13 requires financial statements and four categories of supporting documentation before any support hearing, and lets the court refuse relief to a party who does not file.

Full Text of Rule 13

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(a) Required financial information on motions for relief. — The petitioner and respondent shall file completed financial statements with the circuit clerk as provided in Rule 9 herein. Any updates or amendments to financial statements shall be filed with the circuit clerk and served on all parties pursuant to the date specified by the scheduling order of the Court or no later than five days prior to any hearing, whichever first occurs, that deals with the establishment or modification of support. In cases which may involve spousal support, child support, allocation of custodial responsibility, visitation, or paternity, the petitioner and respondent shall file the following documentation in support of the required financial statement pursuant to the date specified by the scheduling order of the Court or no later than five days prior to any scheduled hearing, whichever first occurs:

(1) A copy of the party's three (3) most recent wage or salary stub showing gross pay, deductions for taxes and other items, and net pay for a normal pay period, and for the year-to-date;

(2) Copies of the party's complete income tax returns for the two years immediately preceding the date the petition was filed, together with copies of the federal Form W-2 for those years; and a copy of the Form W-2 for the most recent year for which that form is available, even if a tax return has not yet been filed for that year;

(3) For a self-employed party, a copy of a current financial statement showing gross income, expenses, and net income;

(4) Copies of any invoices or receipts showing the cost of any extraordinary medical expenses for the party or the children, of any child care expenses, and of any expenses necessitated by the special needs of the children.

(b) Failure to file required financial information and supporting documentation; sanctions. — The failure to file or untimely filing of any required financial information shall not be grounds for a continuance. If a party fails to file or untimely files any required financial information, the court may refuse to grant requested relief to that party, and/or may accept the financial information of the other party as accurate.

End

Amendment History

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007.]

Plain-English Summary

Both parties file completed financial statements with the circuit clerk as Rule 9 requires. Updates and amendments are filed and served by the date the scheduling order sets or no later than five days before any hearing dealing with establishing or modifying support — whichever comes first.

In cases that may involve spousal support, child support, allocation of custodial responsibility, visitation or paternity, four categories of documentation go with the financial statement on the same deadline: the three most recent wage or salary stubs showing gross pay, deductions and net pay for a normal pay period and year-to-date; complete income tax returns for the two years before the petition with the federal Form W-2 for those years, plus the most recent available W-2 even where that year's return has not been filed; for a self-employed party, a current financial statement showing gross income, expenses and net income; and invoices or receipts for extraordinary medical expenses, child care expenses, and expenses required by a child's special needs.

The enforcement provision is short and pointed. Failing to file, or filing late, is not grounds for a continuance — the hearing goes ahead. The court may instead refuse to grant the requested relief to the party who did not file, and may accept the other party's financial information as accurate.

Frequently Asked Questions

When must financial information be filed?

By the date specified in the court's scheduling order, or no later than five days before any hearing dealing with the establishment or modification of support — whichever occurs first.

What documents support the financial statement?

The three most recent wage or salary stubs; complete income tax returns for the two years preceding the petition with the federal Forms W-2, plus the most recent available W-2; for a self-employed party, a current financial statement showing gross income, expenses and net income; and invoices or receipts for extraordinary medical, child care, and special-needs expenses.

Is late filing grounds for a continuance?

No. The failure to file or untimely filing of any required financial information is expressly not grounds for a continuance.

What happens if a party does not file?

The court may refuse to grant the relief that party requested, and may accept the other party's financial information as accurate.

Which cases require the supporting documentation?

Cases which may involve spousal support, child support, allocation of custodial responsibility, visitation, or paternity.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 13). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

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