Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 27 lets a would-be appellant ask the family court, and then the intermediate court, to stay a final order — but current spousal and child support may not be stayed.
(a)Motion for Stay. — Any person desiring to file an appeal from a final order of the family court may file a motion for a stay of proceedings in the family court in which the order was entered. The motion for a stay shall be filed with the circuit clerk and served upon the respondent in accordance with Rule 5 of the Rules of Civil Procedure.
(b)Effect of Stay. — Either on its own motion or upon motion by a party, the family court may order a stay of all or part of a final order, for the period of time allowed for filing of an appeal to the intermediate court of appeals or for any additional period of time pending disposition of the appeal. Provided, however, that an order granting a motion for stay may not include a stay of an award for the payment of spousal support or child support pending the appeal, except that an award of past-due child support may be stayed pending disposition of the appeal.
(c)Application in Intermediate Court of Appeals. — If the family court should refuse to grant a stay, or if the relief afforded is not acceptable, the party desiring to file the appeal in the intermediate court of appeals may file a motion for a stay of the proceedings in the intermeidate court of appeals. The motion for a stay shall be filed with the clerk of the court for the intermediate court of appeals and served upon the respondent in accordance with Rule 28 of the Rules of Appellate Procedure. The intermediate court of appeals may order a stay of all or part of a final order, for the period of time allowed for filing of a petition for appeal to the circuit court, or for any additional period of time pending disposition of the appeal. Provided, however, that an order granting a motion for stay may not include a stay of an award for the payment of spousal support or child support pending the appeal, except that an award of past-due child support may be stayed pending disposition of the appeal.
End
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
Anyone wishing to appeal a final order of the family court may move in that court for a stay of proceedings. The motion is filed with the circuit clerk and served on the respondent under Rule 5 of the Rules of Civil Procedure.
The family court may stay all or part of a final order — on its own motion or a party's — for the period allowed to file an appeal to the intermediate court, or for any further period pending its disposition. One thing is carved out: a stay may not cover an award for the payment of spousal support or child support pending appeal. Only an award of past-due child support may be stayed.
If the family court refuses a stay, or grants relief the party finds unacceptable, the party may move for a stay in the intermediate court of appeals, filing with that court's clerk and serving under Rule 28 of the Rules of Appellate Procedure. The intermediate court has the same power, and the same limit: current support cannot be stayed, past-due child support can.
Frequently Asked Questions
Where is a motion for a stay filed first?
In the family court in which the order was entered, with the circuit clerk, served on the respondent under Rule 5 of the Rules of Civil Procedure.
Can an award of current support be stayed?
No. An order granting a stay may not include a stay of an award for the payment of spousal support or child support pending the appeal.
Can any support be stayed?
Yes — an award of past-due child support may be stayed pending disposition of the appeal.
What if the family court refuses a stay?
The party may file a motion for a stay in the intermediate court of appeals, with that court's clerk, served under Rule 28 of the Rules of Appellate Procedure.
Can the family court act on its own?
Yes. It may order a stay either on its own motion or on a party's motion.
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. 27). 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
Also known as:stay pending appeal west virginia family courtcannot stay child support pending appeal wvmotion for stay intermediate court of appeals west virginiapast due child support stay wv family court