West Virginia 2023 Regular Session Status: Enacted

SB 573 — Relating to child support guidelines and Support Enforcement Commission

Last action — Chapter 112, Acts, Regular Session, 2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2023. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The amendment to SB 573 introduced a new provision that allows parents to deduct their actual monthly student loan payments from their adjusted gross income when calculating child support obligations, with certain limitations. This change is significant because it acknowledges the financial burden of student loan debt on parents, potentially lowering their child support obligations if they are making these payments. However, the amendment also sets clear guidelines for when this deduction can be applied, including the requirement for parents to disclose any changes in their student loan payments, which helps ensure fairness in the child support system.

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SB573 HFAT Capito 3-10Charnock 3919 Delegate Capito moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:A BILL to amend and reenact §48-1-205 of the Code of West Virginia, 1931, as amended;
SB573 HFA Capito 3-10 #1Charnock 3919 Delegate Capito moved to amend the bill on page 3, section 202, by striking paragraph (3) and inserting in lieu thereof the following:“(3)  Deduct from a parent’s adjusted gross income the reasonable monthly amount of a student loan payment actually being paid to the lending institution that originally issued the loan by a parent for a student loan debt owed in his or her own name and for his or her own educational expenses;
and to amend and reenact §48-13-202, §48-13-301, §48-13-302, §48-13-303, §48-13-403, §48-13-404, §48-13-501, and §48-13-502 of said code, all relating generally to the child support guidelines and the Support Enforcement Commission;
provided that the total amount of the student loan payment deducted may not exceed 25% of the parent’s total gross income determined before the deduction.
allowing a deduction for student loan payments under specific circumstances, clarifying circumstances and factors for attributed income;
  The Family Court shall have discretion to exclude all or a portion of the student loan deduction if the parent with the student loan debt is in child support arrears, if the parent is not current or is in arrears on the student loan payment, if the student loan is being paid by a third party and not the parent, or if the child is not receiving or expected to receive a financial benefit from the education associated with the student loan expenses incurred.
updating monthly basic child support obligations to reflect 2022 financial data;
  If the student loan deduction is awarded:(a) The parent shall have a duty to immediately disclose to the Court, the BCSE, and any other party, any changes in the monthly amount of the student loan payment, including any payment deferrals or student loan forgiveness.
updating income amount requiring manual calculation to determine basic child support obligation;
(b) The Court may require a parent to annually disclose to the Court, the BCSE, and any other party, a statement showing a history of student loan payments for the prior year.(c)  Failure to timely make the disclosures above may be a basis for the Court to modify child support to exclude the student loan deduction, including retroactively to the first of the month following any unreported change.”      AdoptedRejected 
updating amount for the ability to pay calculation and self-support reserve;
and amending the multiplier for extended shared parenting adjustment.    AdoptedRejected 
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Action History

  1. Chapter 112, Acts, Regular Session, 2023

  2. Approved by Governor 3/29/2023

  3. To Governor 3/17/2023

  4. Approved by Governor 3/29/2023 - House Journal

  5. Approved by Governor 3/29/2023 - Senate Journal

  6. To Governor 3/17/2023 - House Journal

  7. To Governor 3/17/2023 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 604)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 687)

  15. Read 3rd time

  16. Committee amendment adopted (Voice vote)

  17. Amendment to committee amendment adopted (voice)

  18. On 3rd reading with right to amend, Special Calendar

  19. Read 2nd time

  20. On 2nd reading, Special Calendar

  21. Read 1st time

  22. On 1st reading, Special Calendar

  23. With amendment, do pass

  24. To House Judiciary

  25. To Judiciary

  26. Introduced in House

  27. Ordered to House

  28. Passed Senate (Roll No. 317)

  29. Read 3rd time

  30. On 3rd reading

  31. Read 2nd time

  32. On 2nd reading

  33. Read 1st time

  34. On 1st reading

  35. Committee substitute reported

  36. To Judiciary

  37. Introduced in Senate

  38. To Judiciary

  39. Filed for introduction

Sponsors

  • Maroney · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

  • Maroney

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 16001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Not Voting
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 573?
SB 573 is sponsored by Maroney.
What is the current status of SB 573?
This bill has been enacted into law. Introduced February 06, 2023. Enacted.
Where can I track SB 573?
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Last checked for changes 3 months ago · updated continuously

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