IN THE INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA FILED March 25, 2024 MICHAEL S., C. CASEY FORBES, CLERK Respondent Below, Petitioner INTERMEDIATE COURT OF APPEALS OF WEST VIRGINIA v.) No. 23-ICA-114 (Fam. Ct. of Putnam Cnty. No. FC-40-2006-D-137) ANGELA S., Petitioner Below, Respondent MEMORANDUM DECISION Petitioner Michael S.1 (“Father”) appeals the Family Court of Putnam County’s January 30, 2023, order that denied his motion to terminate his child support obligation for his disabled adult daughter, who is the recipient of Supplemental Security Income (“SSI”). Respondent Angela S. (“Mother”) and the Bureau for Child Support Enforcement (“BCSE”) filed responses.2 Father did not file a reply. This Court has jurisdiction over this appeal pursuant to West Virginia Code § 51- 11-4 (2022). After considering the parties’ arguments, the record on appeal, and the applicable law, this Court finds that there is error in the family court’s decision but no substantial question of law. For the reasons set forth below, the family court’s decision is vacated, and this case is remanded for further proceedings consistent with this decision. The parties were married in 1990 and on July 27, 2002, a set of triplets were born of the marriage. The parties were divorced by a final divorce order entered on June 12, 2007. Father was initially ordered to pay monthly child support in the amount of $837.84, effective July 1, 2014. By order entered on October 16, 2018, child support was modified to $786.00 per month, effective October 1, 2018. That order stated that child support would terminate once the children graduated high school. 1 Consistent with our practice in cases with sensitive facts, we use initials where necessary to protect the identities of those involved in this case. See In re K.H., 235 W. Va. 254, 256 n.1, 773 S.E.2d 20, 22 n.1 (2015). 2 Michael S. is represented by Jon D. Hoover, Esq. Angela S. is represented by Maggie J. Kuhl, Esq. The BCSE is represented by Allison C. Ojeda, Esq. 1 On June 25, 2020, approximately one month before the triplets’ eighteenth birthday and high school graduation, Mother filed a petition for modification to extend child support for one of the triplets, L.S., based upon the child’s disability. The triplets, including L.S., graduated high school in July 2020 and the BCSE terminated child support on July 31, 2020, as the obligation had ended and was paid in full. On May 25, 2021, the family court held a hearing on Mother’s petition for modification to extend child support for L.S. The court found that L.S. had a pending application for SSI benefits. The court further found that L.S. was physically disabled and incapable of supporting herself, and, as such, entered a temporary order on June 24, 2021, setting child support at $456.07 per month, effective August 1, 2020. The order further stated that child support would terminate on the first of the month following any SSI award. On February 7, 2022, the family court held a hearing where it found that …
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