Rule 44.Court's consideration of mediated agreement

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

In one sentenceRule 44 requires the court to test a mediated agreement for knowing and voluntary assent and the children's best interests, and to run the child support numbers both ways before adopting it.

Full Text of Rule 44

Text size

Upon receipt of a mediated agreement the court shall review the agreement to determine if it is knowing, voluntary, and in the best interests of the parties' children. The court shall cause the child support formula to be calculated based on the allocation of custodial responsibility in the parenting plan contained in the mediated agreement; and by way of comparison, shall cause the child support formula to be calculated in accordance with W. Va. Code, §§ 48-13-401 to 404, 501, and 502. After being informed on the record of the mediated agreement's child support implications, if the parties assent to the agreement on the record, and if the court determines there is no impediment to the validity of the agreement, the court shall incorporate the mediated agreement in an order.

End

Amendment History

[Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.]

Plain-English Summary

A mediated agreement does not become an order by arriving. On receipt, the court reviews it to determine whether it is knowing, voluntary, and in the best interests of the parties' children.

Then it does arithmetic. The court must have the child support formula calculated on the allocation of custodial responsibility in the parenting plan the agreement contains — and, by way of comparison, calculated again under the statutory provisions. The parties are then informed on the record of the agreement's child support implications, so nobody assents to a parenting plan without knowing what it does to the support figure.

Only after that, if the parties assent on the record and the court finds no impediment to the agreement's validity, does the court incorporate the mediated agreement in an order.

Frequently Asked Questions

What does the court check in a mediated agreement?

Whether it is knowing, voluntary, and in the best interests of the parties' children.

Why are two support calculations required?

So the parties can compare. The court has the formula calculated on the allocation of custodial responsibility in the mediated parenting plan, and by way of comparison under W. Va. Code §§ 48-13-401 to 404, 501 and 502.

Must the parties assent again?

Yes — on the record, after being informed on the record of the agreement's child support implications.

When is the agreement incorporated in an order?

After the parties assent on the record and the court determines there is no impediment to the validity of the agreement.

Can the court reject a mediated agreement?

The rule conditions incorporation on the court's determinations about the agreement being knowing, voluntary, in the children's best interests, and free of any impediment to validity.

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. 44). 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: court review of mediated agreement west virginia family courtchild support formula comparison mediated parenting plan wvknowing and voluntary mediated agreement west virginiaincorporate mediated agreement in order wv