West Virginia HB 2255: Allowing deductions to determine adjusted gross income for student loan payments or mortgage payments in determining child support

Bill Text

HB 2255 Text

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Introduced Version

« House Bill 2255 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2021 regular session

Introduced

House Bill 2255

By Delegate Steele

[Introduced February 
10, 2021; Referred to the Committee on Senior, Children, and Family Issues then 
the Judiciary]

A BILL to amend and 
reenact §48-13-201 of the Code of West Virginia,1931, as amended; and to amend 
said code by adding thereto a new section, designated §48-13-403a, all relating 
to allowing as a deduction to determine adjusted gross income for either parent 
student loan payments and mortgage payments not to exceed 25 percent of gross 
income.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 13. GUIDELINES 
FOR CHILD SUPPORT AWARDS.

PART 2. CALCULATION OF 
CHILD SUPPORT ORDER.

§48-13-201. Use of both 
parents' income in determining child support.

A child support order is 
determined by dividing the total child support obligation between the parents 
in proportion to their income. Both parents’ adjusted gross income is used to 
determine the amount of child support. To determine the adjusted gross 
income of either or both parents there shall be deducted student loan payments 
and mortgage payments made by each or both parents not to exceed 25 percent of 
the total gross income determined before these deductions.

part 
iv. support in sole custody cases.

§48-13-403a. Adjustment 
to worksheet.

The worksheet found in 
§48-13-403 of this code is modified to require the deductions to monthly gross 
income of the deductions provided in §48-13-201 of this code.

NOTE: The purpose of this bill is 
to allow deductions for student loan repayment or mortgage payments not to 
exceed 25 percent of gross income in determining child support payments.

Strike-throughs indicate language 
that would be stricken from a heading or the present law, and underscoring 
indicates new language that would be added.

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