West Virginia Child Support Guidelines

West Virginia child support orders require both parents to make child support payments proportional to each parent's income. A child support order can follow a court order after a divorce proceeding or an application to the West Virginia Bureau for Child Support Enforcement (BCSE).

Factors that determine parental obligations in child support cases include:

• The number of children
• The parental standard of living before the divorce or separation
• The best interests of the child or children.

The support amount is often, but not always, paid by the non-custodial parent.

West Virginia's child support guidelines use the parents' adjusted gross income, less any agreed-upon expenses. Parents can deduct their student loan payments from their income if they meet certain requirements.

If you have a child support issue, contact a West Virginia child support attorney right away.

Determining Child Support in West Virginia

Any parent or legal caregiver may request child support for a minor child in West Virginia. Both parents have a child support obligation until the child is an adult. West Virginia family courts presume that the amount of child support ordered in a divorce case is correct. Parents may agree on a different amount. The judge will approve alternate amounts that adequately meet the child's needs.

West Virginia Income Shares Support Formula

The Income Shares Support Formula uses the parents' income and other factors to determine the child support amount, including:

• The gross income of both parents without deductions
• The number of children in the case and any other children each parent has or may pay child support for
• The amount of time the children spend with each parent. West Virginia has two standard support plans, "basic shared parenting," where one parent has less than 35% custody, and "extended shared parenting," where both parents have at least 35% custody.
• Specific child support obligations, such as child care costs, health care, and related costs
• Other agreed-upon costs, such as educational expenses, health insurance premiums, and out-of-pocket medical costs

The court then deducts allowed expenses such as student loans and extraordinary costs the parents request during court hearings. The child support formula is adjustable as the number of parental overnights changes.

Modifying and Enforcing Child Support

There is a rebuttable presumption that the basic child support obligation is correct. But circumstances can change. There is a method for modification of child support if a parent believes the amount is incorrect.

Parents must show a "substantial change" in circumstances to modify a support order. Such changes may include:

• Loss of employment or a change in pay or hours
• Changes in the custody of the child
• Changes in the child's needs, such as extra school expenses

Either parent may request a modification. Only the original court can alter the support order. Parents should not make their own changes to support payments without the court's permission, since the court will not have any record of these payments.

Under federal and West Virginia law, BCSE processes all child support payments. Obligors send payments to that office, and BCSE pays the recipients. If obligors do not make their payments, BCSE can use various enforcement methods to recover payment and arrears.

• Wage garnishment and income withholding. Court orders typically take child support payments directly from the obligor's wages. BCSE can request extra garnishment in arrears cases.
• Seizure of income tax refunds and lottery winnings
• Liens on real estate and personal property
• Civil contempt charges
• Criminal charges

The state of West Virginia seldom files criminal charges unless an obligor continues to avoid child support obligations and all other methods have failed. Courts prefer to work with parents and find ways to pay past-due support.

Related Resources

• Department of Health and Human Resources
• West Virginia Bureau for Child Support Enforcement
• Child Support Enforcement

Get Legal Advice From a West Virginia Family Law Attorney

Understanding child support awards is important for parents after a divorce or separation. Discuss your child care expenses worksheet with an experienced West Virginia family law attorney to protect your child's interests and your legal rights.