DISCLAIMER: The information in this article is not intended to provide legal advice, but rather to show in very general terms how child support is calculated in West Virginia. The information provided can not possibly cover every case that comes before a Court. The result in any case is dependent upon the specific facts of that case. Please seek legal advice if you have questions about your case.
Except in rare cases, child support is required to be calculated in West Virginia in accordance with the State's child support guidelines.
Judges use a computerized child support calculator (as shown in the accompanying video) to determine the appropriate amount of child support in an individual case, plugging into the calculator a wide number of factors.
In general, under West Virginia law, child support is determined using the gross incomes of the parents (that is, income before any deductions for taxes, insurances, retirements, etc.). Since gross income is the basic starting point in the calculations, interested parties may wish to click on the following link which fully defines "gross income":
http://www.legis.state.wv.us/WVCODe/ChapterEntire.cfm?chap=48&art=1§ion=228#01
Once the gross incomes of the parents is decided upon, other factors which the Court considers in the calculations include, but are not limited to:
--Which type of custody the parents exercise [e.g., primary or basic custody with one parent and the other parent exercises less than 128 days of custody, extended share custody where each parent exercises at least 128 days of custody each, or split custody where, for example, each parent has primary custody of one of two children].
--The number of children born to the parents.
--Alimony obligation of one parent to the other.
--Other minor dependent children in the custody of a parent.
--Pre-existing child support obligations of a parent.
--Half of average overtime earnings.
--Daycare expenses.
--Health insurance premiums for the subject child/ren.
Once all of these factors are known, the calculator produces a child support amount to be applied in the particular case.
The child support guidelines discussed in this article, which are complex, can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=13#13
Other child support laws of interest can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=11#11
The Bureau for Child Support Enforcement has a general discussion of child support modifications, and that information can be accessed at this link (click on links on left of page):
http://www.wvdhhr.org/bcse/slideshows/changingyourorder/changing_your_order_files/frame.html
Judges use a computerized child support calculator (as shown in the accompanying video) to determine the appropriate amount of child support in an individual case, plugging into the calculator a wide number of factors.
In general, under West Virginia law, child support is determined using the gross incomes of the parents (that is, income before any deductions for taxes, insurances, retirements, etc.). Since gross income is the basic starting point in the calculations, interested parties may wish to click on the following link which fully defines "gross income":
http://www.legis.state.wv.us/WVCODe/ChapterEntire.cfm?chap=48&art=1§ion=228#01
Once the gross incomes of the parents is decided upon, other factors which the Court considers in the calculations include, but are not limited to:
--Which type of custody the parents exercise [e.g., primary or basic custody with one parent and the other parent exercises less than 128 days of custody, extended share custody where each parent exercises at least 128 days of custody each, or split custody where, for example, each parent has primary custody of one of two children].
--The number of children born to the parents.
--Alimony obligation of one parent to the other.
--Other minor dependent children in the custody of a parent.
--Pre-existing child support obligations of a parent.
--Half of average overtime earnings.
--Daycare expenses.
--Health insurance premiums for the subject child/ren.
Once all of these factors are known, the calculator produces a child support amount to be applied in the particular case.
The child support guidelines discussed in this article, which are complex, can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=13#13
Other child support laws of interest can be accessed at this link:
http://www.legis.state.wv.us/WVCODe/Code.cfm?chap=48&art=11#11
The Bureau for Child Support Enforcement has a general discussion of child support modifications, and that information can be accessed at this link (click on links on left of page):
http://www.wvdhhr.org/bcse/slideshows/changingyourorder/changing_your_order_files/frame.html
Glad you posted this. Nice to see how this is figured.
ReplyDeleteTHANKS FOR POSTING.
ReplyDeleteHow do they get money from a parent that does not have an income and is as poor as a church mouse, but still keeps add the money every month.
ReplyDeleteCustodial parents should also be aware that the Bureau of Child Support Enforcement works for the State of WV...not the custodial parent. If a parent owes the state, all child support will go to the state. It also, quite frequently, takes so long to obtain any child support that the child is 18.
ReplyDelete