In West Virginia, a child support order establishes who is to pay for child support, the amount to be paid, when payments are to be made, the frequency of payments, when payments will end, and who is to receive the payments. Generally, child support consists of money paid by a parent who does not have physical custody of the child to the parent who does.
How to Request Child Support in West Virginia
Although a child support order may be established in a legal proceeding such as a divorce, most child support cases begin with an application which is submitted to the Bureau for Child Support Enforcement. Child support is then calculated based upon a mathematical formula and a number of additional factors such as the parents' gross income, who has physical custody of the child, and any special needs. Once the calculations are complete, a child support order is issued by a judge. The following is a quick summary of West Virginia's child support guidelines.
West Virginia Child Support Guidelines
The following table outlines West Virginia's child support guidelines.
| Code Sections | |
| Who Is Responsible? | Both parents. |
| How Is Support Calculated? | Calculated based upon a percentage of the combined gross income of both parents after applying appropriate deductions. |
| What Is Included in a Support Order? | Food, shelter, clothing, education, and health and child care. Extraordinary work related child care expenses, medical, and other expenses may also be included upon petition. |
| How Long Must a Parent Pay Child Support? | Until the child turns 18 so long as the child is unmarried and residing with a parent, guardian or custodian. Child support may be extended for up to 20 years of age if the child is attending college or a vocational program. (Child support continues indefinitely if the child cannot support themselves due to a physical or mental disability.) |
| Penalties | The parent may be charged with contempt and the court may garnish wages or file a lien on property to help pay for child support arrearages. |
| Local Resources |
West Virginia Child Support Guidelines: Related Resources
Child support guidelines can be confusing. If you would like legal assistance with a child support matter, you can contact an experienced West Virginia family law attorney. You can also visit FindLaw’s sections on Child Support, Child Support Modification, and Child Support Enforcement for more articles and information on this topic.
