Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 51 provides an expedited paper route to change child support, gated on a tentative recalculation showing at least a 15% change and resolved by default if nobody asks for a hearing.
(a)Filing procedure. — An expedited modification petition, any supporting documents, a completed Bureau for Child Support Enforcement A Information Worksheet Form, and a case information statement shall be filed with the circuit clerk. The circuit clerk shall collect the filing fee, provide the filing party with a copy of the current child support order and the child support calculations accompanying that order, and within five days of filing shall send a copy of the case information statement to the family court. After filing the petition with the circuit clerk the filing party shall take or mail to the family court a copy of the petition, any supporting documents, and a copy of the current child support order together with the child support calculations accompanying that order.
(b)Actions by family court upon receipt of petition. — The family court shall review the petition and any supporting documents, and tentatively recalculate the amount of support by application of current child support guidelines. The family court shall summarily deny the petition unless the tentative recalculation results in a support change of at least 15%. If the tentative recalculation results in a support change of at least 15%, but the circumstances set forth in the petition fail to meet the other expedited modification requirements in W. Va. Code, § 48-11-106, the family court may treat the petition as a non-expedited petition for modification. If the petition for expedited modification meets all of the requirements in W. Va. Code, § 48-11-106, the family court shall prepare a notice on the required form; and upon receipt of satisfactory proof that the fee for service by certified mail has been paid or waived, shall serve copies of the notice, the petition, and any supporting documents on the other parent and the local child support enforcement office by certified mail, return receipt requested.
(c)Time allowed to request a hearing. — A party receiving notice has 14 days from the date of the certified mailing to provide the family court judge with a written request for a hearing.
(d)Hearing requested; preparation of scheduling order. — Within five days of receiving a timely request for a hearing the family court judge shall enter a scheduling order setting a hearing for a date and time certain.
(e)No hearing requested; preparation of default order. — If no party makes a timely request for a hearing, the family court judge shall enter an order for a judgment by default setting child support at the recalculated amount.
(f)Fees for certified mail service. — Fees for certified mail service required by this rule shall be paid to the circuit clerk, and the circuit clerk shall pay all such fees into the Family Court Fund.
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
The filing package goes to the circuit clerk: the expedited petition, supporting documents, a completed Bureau for Child Support Enforcement information worksheet, and a case information statement. The clerk collects the fee, gives the filing party a copy of the current support order and the calculations behind it, and sends the case information statement to the family court within five days. The filing party then takes or mails the court a copy of the petition, the supporting documents, and the current order with its calculations.
The court screens before anyone is served. It reviews the petition and tentatively recalculates support under current guidelines, and summarily denies the petition unless that recalculation produces a change of at least 15%. Where the 15% threshold is met but the other statutory expedited requirements are not, the court may treat the filing as an ordinary modification petition rather than dismissing it. Where everything is met, the court prepares a notice on the required form and — once satisfied the certified mail fee is paid or waived — serves the notice, petition and supporting documents on the other parent and the local child support enforcement office by certified mail, return receipt requested.
The party served then has 14 days from the certified mailing to give the judge a written request for a hearing. A timely request brings a scheduling order within five days setting a hearing for a date and time certain. No timely request, and the judge enters a judgment by default setting support at the recalculated amount.
Certified mail fees are paid to the circuit clerk and paid on into the Family Court Fund.
Frequently Asked Questions
What threshold must an expedited support modification meet?
The family court's tentative recalculation under current guidelines must produce a support change of at least 15%. Otherwise the petition is summarily denied.
What if the 15% test is met but other requirements are not?
The family court may treat the petition as a non-expedited petition for modification.
How is the other parent notified?
By certified mail, return receipt requested — the notice, the petition and any supporting documents, served also on the local child support enforcement office, once the court has satisfactory proof the certified mail fee is paid or waived.
How long is there to ask for a hearing?
14 days from the date of the certified mailing, by written request to the family court judge.
What happens if nobody requests a hearing?
The family court judge enters an order for a judgment by default setting child support at the recalculated amount.
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. 51). 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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