Background
Divorced parents Marc D. and Jodi D. shared equal custody of their minor child. Both sought modifications to their parenting plan in 2025. At a January 2026 hearing, the Kanawha County Family Court addressed Father’s request to modify child support, Mother’s request to obtain a passport for the child, and Mother’s request for attorney fees.
The family court recalculated support under the income-shares formula and reduced Father’s monthly obligation by more than 15 percent, finding a substantial change in circumstances. It also ordered Father to sign the child’s passport application, while requiring advance notice and itineraries for international travel, sharing of the passport, and no travel to countries subject to a U.S. State Department travel advisory. The court awarded Mother $2,000 in partial attorney fees.
The Court’s Holding
The Intermediate Court of Appeals affirmed. It held that the family court acted within its discretion in awarding Mother partial attorney fees under West Virginia Code § 48-5-611. Although the family court found Father had not acted vexatiously, wantonly, or oppressively, it permissibly relied on the parties’ substantial income disparity and equitable considerations.
The court also found no error in the passport ruling. Applying deferential review to the family court’s factual findings, it concluded that permitting Mother to obtain a passport and requiring Father’s signature—subject to the travel restrictions and communication requirements imposed—was not clearly erroneous or an abuse of discretion.
Key Takeaways
- A family court may award attorney fees based on income disparity even when both parties can pay their own fees and neither party acted vexatiously.
- A more than 15 percent change in a child-support obligation may establish a substantial change in circumstances supporting modification.
- A family court may order a parent to sign a child’s passport application while imposing safeguards for international travel.
Why It Matters
The decision confirms the broad discretion West Virginia family courts retain in allocating attorney fees and resolving parenting disputes. It also illustrates that concerns about international travel can be addressed through tailored restrictions rather than denying a child a passport altogether.