$0 West Virginia — Marital Asset & Debt Inventory Checklist

West Virginia Family Court Financial Statement (SCA-FC-106): What to Know

West Virginia Family Court Financial Statement (SCA-FC-106): What to Know

Every divorce, child support, and spousal support case in West Virginia requires both parties to file the standard Financial Statement — Form SCA-FC-106. This isn't optional. The court uses it as the foundation for property division, support calculations, and debt allocation.

The form itself is available for free from the circuit clerk's office. But the form only gives you blank fields and line items — it doesn't tell you how to organize your financial records, what qualifies as marital versus separate, or how to present your information strategically. That preparation work falls entirely on you.

The 40-Day Deadline

Under W. Va. Code § 48-7-201, both parties must fully disclose their assets and liabilities within 40 days after service of the summons. This isn't a soft deadline — the court treats timely disclosure as mandatory.

You must also continuously update your financial records up to the date of the final hearing. If your income changes, you acquire new assets, or you take on new debt between your initial filing and the hearing, you're obligated to supplement your disclosure.

What You Need to Attach

The SCA-FC-106 requires specific supporting documentation:

  • Three most recent pay stubs showing gross and net income, deductions, and year-to-date totals
  • Complete federal income tax returns for the past two years including all W-2s, 1099s, and schedules
  • Self-employment financial statements if either spouse owns a business or works as an independent contractor
  • Current bank and investment account statements for every account — individual and joint
  • Retirement account statements (401(k), IRA, pension) showing current balances
  • Mortgage statements and property tax records
  • Credit card statements and loan documents showing current balances
  • Health insurance documentation and childcare expense records

Everything filed with the court as part of the SCA-FC-106 is kept strictly confidential within the judicial file and shielded from public inspection.

What Happens If You Don't Disclose

The penalties for incomplete or inaccurate disclosure are severe. Under W. Va. Code § 48-7-206, if a party fails to provide timely or accurate financial information, the Family Court has broad discretion to accept the other party's financial statement as completely accurate.

The 2025 Intermediate Court of Appeals case Christopher N. v. Carla N. illustrates how this plays out. The husband refused to cooperate with discovery, failed to file accurate disclosures, and skipped three consecutive court hearings. The Family Court proceeded without him, accepted the wife's financial statement as 100% accurate, ordered the husband to pay all consolidated credit card debt, awarded the wife exclusive use of the marital home, split his pension, and ordered $400/month in spousal support for ten years.

When the husband appealed, the Intermediate Court of Appeals affirmed everything, invoking the "invited error" doctrine — because he chose not to participate, he couldn't demand a second chance on appeal.

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Preparing Your Financial Inventory

The most effective approach to the SCA-FC-106 is to build a complete financial inventory before you start filling out the form. This means:

  1. Establish your separation date — this locks the default valuation point for marital assets
  2. Categorize every asset and debt as marital or separate, with documentation supporting each classification
  3. Gather every required attachment — two years of tax returns, recent pay stubs, all account statements
  4. Calculate actual monthly expenses using bank statements, not estimates — courts are skeptical of inflated expense claims
  5. List all income sources including side income, rental income, dividends, and any other recurring payments

This inventory work serves double duty: it satisfies the court's 40-day disclosure requirement and gives you the organized financial picture you need to negotiate a settlement or prepare for trial.

Building Your Disclosure Package

The West Virginia Divorce Financial Split Guide includes a disclosure prep checklist that maps directly to the SCA-FC-106's requirements, plus a property classification worksheet to help you categorize each asset and debt before the deadline hits. Whether you're filing pro se or handing the package to an attorney, having everything organized saves time and prevents the kind of omissions that can derail your case.

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