(a) The court has the discretion, in appropriate cases, to direct that a portion of child support be placed in trust and invested for future educational or other needs of the child. The court may order such investment when all of the child's day-to-day needs are being met such that, with due consideration of the age of the child, the child is living as well as his or her parents.
(b) If the amount of child support ordered per child exceeds the sum of $2,000 per month, the court is required to make a finding, in writing, as to whether investments shall be made as provided for in subsection (a) of this section.
(c) A trustee named by the court shall use the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. A trustee shall be governed by the provisions of the uniform prudent investor act as set forth in article six-c, chapter forty-four of this code. The court may prescribe the powers of the trustee and provide for the management and control of the trust. Upon petition of a party or the child's guardian or next friend and upon a showing of good cause, the court may order the release of funds in the trust from time to time.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 13. Guidelines for Child Support Awards
§48-13-101. Guidelines to Ensure Uniformity and Increase Predictability; Presumption of Correctness
§48-13-102. Right of Children to Share in Parents' Level of Living
§48-13-103. Financial Contributions of Both Parents to Be Considered
§48-13-201. Use of Both Parents' Income in Determining Child Support
§48-13-202. Application of Expenses and Credits in Determining Child Support
§48-13-203. Amount Determined by Guidelines Presumed to Be Correct
§48-13-205. Present Income as Monthly Amounts
§48-13-301. Determining the Basic Child Support Obligation
§48-13-302. Incomes Below the Table for Determining Basic Child Support Obligations
§48-13-303. Incomes Above the Table for Determining Basic Child Support Obligations
§48-13-401. Basic Child Support Obligation in Basic Shared Parenting
§48-13-402. Division of Basic Child Support Obligation in Basic Shared Parenting
§48-13-403. Worksheet for Calculating Basic Child Support Obligation in Basic Shared Parenting Cases
§48-13-404. Additional Calculation to Be Made in Basic Shared Parenting Cases
§48-13-501. Extended Shared Parenting Adjustment
§48-13-502. Extended Shared Parenting Worksheet
§48-13-503. Split Physical Custody Adjustment
§48-13-601. Adjustment for Child Care Tax Credit
§48-13-602. Adjustment for Child Health Care
§48-13-701. Rebuttable Presumption That Child Support Award Is Correct
§48-13-702. Disregard of Formula
§48-13-703. Restructuring of Payments Upon Release of Inmate
§48-13-801. Tax Exemption for Child Due Support
§48-13-802. Investment of Child Support