Rule 23.Retroactivity of child support and spousal support orders
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 23
Amendment History
The West Virginia Judiciary’s compiled text of this ruleset carries no amendment order for this rule. For the adopting orders and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
One sentence, and it sets the default date from which support runs. Orders granting relief in the form of spousal support or child support make that relief retroactive to the date of service of the motion for relief.
The exception is good cause shown. Without it, the court does not have discretion to start support from the hearing date or the order date; the motion's service date governs.
The practical effect is that delay between filing and hearing does not cost the moving party the support to which they turn out to have been entitled — which matters given that a final hearing may lawfully sit as much as 220 days after the initial pleading.
Frequently Asked Questions
From what date does support run?
The date of service of the motion for relief, unless good cause is shown for a different date.
Does this apply to spousal support as well as child support?
Yes. The rule covers orders granting relief in the form of spousal support or child support.
Can the court depart from the service date?
Only for good cause shown.
Why does retroactivity matter here?
Because a final hearing may be held as late as 220 days after the initial pleading under Rule 21, so the gap between seeking support and obtaining it can be substantial.
Is the date of filing or the date of service used?
The date of service of the motion.