Child support in West Virginia
Child support balances out the financial responsibility parents who are no longer in a relationship have to their children.
Generally, the parent who spends less time with the child pays child support.
When parents have equal parenting time, the parent with higher income pays. The court may rule no support is necessary if parents have equal parenting time and similar incomes. However, this all depends on the judge.
The person who pays support is the obligor. The person who receives support is the obligee.
A study comparing child support amounts found West Virginia has the second lowest child support payment out of all US states.
Calculating child support
West Virginia courts use the child support guidelines to determine an appropriate support amount.
Factors in the support amount include:
- Number of children
- Parents' gross monthly income
- Parenting time
- Child-related expenses
The basic support obligation is the minimum amount parents should pay in child support. To find this amount, look at the table of monthly basic child support obligations. See where the parents' number of children and combined incomes intersect to find the obligation amount.
The obligor owes a portion of this amount in line with their share of the combined income (i.e., if they make 60% of the income, they pay 60% of the obligation). Instantly calculate what you're likely to pay using the calculator above.
Support worksheets
The obligor may also need to pay for the child's uninsured health care costs, work-related child care and more. If so, they're added to the basic obligation. The court or parents (when they agree) determine which expenses apply.
Exact support amounts are determined using child support worksheets. Parents who agree on a support amount can fill out one worksheet together. Otherwise, each parent must complete one.
- Worksheet A: Covers the basic shared parenting formula, which is for cases when a parent has 127 days or fewer of parenting time in the year.
- Worksheet B: Covers the extended shared parenting adjustment, which is for cases when both parents have more than 127 days of parenting time.
Low- and high-income cases
If parents' combined monthly income is above the highest amount on the table, the court may calculate support using the formula for high-income earners.
If parents' combined monthly income falls below the lowest amount on the table, the court may calculate support using the formula for low-income earners.
Applying for child support
You can request child support when you file for custody.
Alternatively, you can apply for child support through the Department of Human Services online or via paper application. This method enrolls you in Child Support Services (CSS), a free service that helps you modify and enforce orders and more.
Paying and enforcing child support
Wage withholding is a common way of paying support. The support amount is automatically deducted from the obligor's pay and forwarded to the recipient.
You can also pay child support online.
Generally, the obligor no longer has to pay child support once the child turns 18 or graduates from high school, whichever happens later.
Support could end at a different time if the support order clearly states when the obligation is to end.
The Bureau for Child Support Enforcement handles the enforcement of child support. Contact your local office if the obligor misses payments.
Modifying child support
When a parent's circumstances or your child's needs change, you can request a modification of the support order.
Fill out and file a petition to modify child support (or a petition for expedited modification if you need the court to make a decision immediately) to request a change.
Courts often require at least a 15% change in the obligor's income to grant a modification. Parents are expected to report this themselves. However, if the obligor does not report the income change, and the obligee has proof of their higher income, they can file a petition for modification.
Getting an accurate child support order
Estimating your parenting time can impact your child support order by thousands of dollars a year.
Still, attorneys and the court usually estimate because manually tallying parenting time is time-consuming.
The Custody X Change app lets you quickly calculate your time with your child.
You can customize this to fit your situation with Custody X Change.
With Custody X Change, you can tweak your parenting time schedule to see how even little changes affect your time with the child. Plus, you can see how the number changes each year due to holidays and other events.
Whether you're paying or receiving child support, make sure your calculation is exact. The number will affect you, your child and the other parent for years to come.