West Virginia Child Support Laws: Guidelines and Calculations

How to Apply for Child Support in West Virginia

The West Virginia Bureau for Child Support Enforcement (BCSE), part of the Department of Human Services (DoHS), provides child support services including locating noncustodial parents, establishing paternity, collecting support payments, and reviewing or modifying existing orders.

To apply for services:

• Apply online through WV PATH (requires a Social Security number and valid email address)
• Download the paper application from the BCSE website
• Visit a local BCSE office in person

If you need help using WV PATH, customer service is available at 1-844-451-3515. For general child support questions, contact the BCSE Customer Service Unit at 1-800-249-3778 (Monday through Friday).

What to remember:

• West Virginia does not charge child support application fees.
• Families receiving Medicaid, TANF, or other state assistance automatically qualify for BCSE services.
• If you receive child support payments while on cash assistance such as TANF, those cash assistance payments may stop.
• The BCSE handles support, paternity, and enforcement. It does not handle custody or visitation disputes.

How Is Paternity Established in West Virginia?

Under West Virginia law, paternity must be established before a court can order child support from a father. There are three primary ways to establish paternity:

• Voluntary Acknowledgment of Paternity: Both parents complete and sign the Declaration of Paternity Affidavit, typically at the hospital after the child is born.
• Administrative Establishment: Parents may petition the BCSE to conduct genetic (DNA) testing to confirm biological parentage.
• Court Order: Either parent may file a lawsuit in family court asking a judge to order a paternity test.

What to remember:

• The family court considers the "best interests of the child" when making paternity determinations. A judge may refuse to order a DNA test in certain circumstances.
• Establishing paternity creates a legal parent-child relationship. This makes child support a legal obligation for the father.
• Paternity also grants the child inheritance rights and allows the father to petition for custody or visitation.
• Either parent may bring a court case against the other to establish paternity.

How Is Child Support Determined in West Virginia?

West Virginia uses the Income Shares Formula to determine child support. Under W. Va. Code 48-13-201, this model presumes that children should receive the same proportion of parental income they would have received if the parents lived together.

The court considers several factors when setting a support amount:

• The number of children requiring support
• The amount of time the child spends with each parent
• The gross income of both parents
• Specific expenses involved in raising the children (health insurance, childcare, extraordinary medical costs)
• Other children either parent supports
• Other relevant circumstances

There is a rebuttable presumption that the amount produced by the guidelines is the correct amount of child support to award. The court must make written findings if it departs from the guidelines.

Which Worksheet to Use

West Virginia requires different worksheets depending on the custody arrangement:

• Worksheet A: Used for sole custody or basic shared parenting, where one parent has the child for fewer than 127 overnights per year (less than 35% of the time).
• Worksheet B: Used for extended shared parenting, where each parent has the child for at least 35% of the time (127 or more overnights per year).

Under Worksheet B, a child support obligation is calculated for each parent. The obligations are then offset, and the parent who owes more pays the difference to the other parent.

The 50/50 Custody Presumption and Child Support

West Virginia law now includes a presumption that equal (50/50) parenting time is in the best interest of the child. When parents share custody equally and have similar incomes, the court may determine that no child support is necessary. When incomes differ significantly, the higher-earning parent typically pays child support even in a 50/50 arrangement, calculated using Worksheet B.

Calculating Income

Gross income for child support purposes includes all earned and unearned income. However, certain income sources are excluded:

• Income received by other members of the household (such as a new spouse)
• Child support received for children from a different relationship
• Public assistance based on income (TANF, SSI, food stamps)

Under the guidelines, 50% of overtime pay must generally be included in gross income unless the court allows exclusion based on specific circumstances.

If a parent is voluntarily unemployed or underemployed, the court may impute income based on that parent's earning capacity. Before imputing income, the judge must consider factors including the local job market, the parent's work history, education, and any physical or mental limitations.

Grounds for Deviation

Under W. Va. Code 48-13-702, a court may adjust or disregard the guideline amount if it finds the result would be unjust or inappropriate. Grounds for deviation include:

• Special needs of the parents or children
• Extraordinary visitation costs incurred by the noncustodial parent
• Educational expenses for either the parent or child
• The total number of children subject to the support action
• Inconsistent or seasonal income of the paying parent
• Long-distance travel costs for parenting time
• Extraordinary medical expenses exceeding $250 per year per child (as defined in W. Va. Code 48-1-225)

How to Calculate Child Support in West Virginia

To calculate child support, follow these steps:

1. Determine both parents' gross monthly income.
2. Calculate each parent's adjusted gross income by subtracting allowable deductions (such as pre-existing child support orders and spousal support paid).
3. Combine both parents' adjusted gross income.
4. Reference the West Virginia Monthly Basic Child Support Schedule to find the basic support obligation for the combined income and number of children.
5. Allocate each parent's share proportionally based on their percentage of the combined income.
6. Add costs for health insurance premiums, extraordinary medical expenses, and work-related childcare.

Income thresholds to know:

• If combined adjusted gross income is below $550 per month, the basic obligation is $50 per month (or a discretionary amount set by the court).
• If combined adjusted gross income exceeds $35,000 per month, the obligation will not be less than it would be at the $35,000 level. The court has discretion for amounts above this cap.

Note: The West Virginia Support Enforcement Commission reviews child support guidelines every four years. The most recent review was completed in 2023. The next review is scheduled for April 2026.

How to Modify Child Support in West Virginia

Parents may request a modification of their child support order when they experience a substantial change in circumstances. The parent requesting the change bears the burden of proving that the current order is unjust.

Grounds for modification include:

• Involuntary job loss or significant income reduction
• Increased or decreased childcare expenses
• A change in the child's medical or educational needs
• A change in custody or parenting time arrangement
• Incarceration exceeding six months
• A new child support obligation for another child

How to request a modification:

• Parents may request a review through the BCSE three years after the order was established or after the last review.
• If a significant change in circumstances occurs sooner, you may petition the family court at any time.
• Download and complete the Expedited Modification of Child Support Form (SCA-FC-226) from the West Virginia Judiciary website.
• Access additional family court forms here.

All modification requests must be in writing. For assistance, contact the BCSE at 1-800-249-3778.

What Happens If You Do Not Pay Child Support in West Virginia?

Child support arrears in West Virginia accrue interest. Most support orders include an income withholding provision that requires employers to garnish payments directly from the noncustodial parent's wages. When income withholding is insufficient, the BCSE and courts may pursue additional enforcement actions.

Administrative and Civil Enforcement

• Credit Bureau Reporting: Delinquent child support is reported to all three major credit bureaus, which can damage the obligor's credit score.
• Tax Refund Interception: Federal, state, and local tax refunds may be intercepted to pay child support arrears.
• Passport Denial: Under federal law, passports may be denied or revoked if a parent owes more than $2,500 in child support.
• License Suspension: Driver's licenses, recreational licenses, and professional or occupational licenses may be suspended or revoked.
• Liens on Property: Liens may be placed on real estate, vehicles, and other personal property.
• Bank Account Seizure: Funds may be levied from bank accounts to satisfy arrears.
• Contempt of Court: A custodial parent may file a contempt petition if the other parent willfully fails to pay.

Criminal Nonsupport in West Virginia

Under W. Va. Code 61-5-29, willful failure to provide child support is a criminal offense if the parent had the ability to pay and is at least six months behind:

• Misdemeanor: Payments are six months or more in arrears. Penalties may include fines and jail time.
• Felony: Payments have not been made for one year or more. Felony nonsupport carries more severe penalties, including potential prison time.

Under W. Va. Code 48-18-205, the BCSE must notify an obligor within six months of arrears reaching $1,000 that continued nonpayment could result in felony prosecution if arrears grow to $8,000 or more.

Jail is typically the court's last resort. Judges may instead order community service or work-release programs. Even if imprisoned, a parent still owes all accumulated arrears plus interest.

What to remember:

• The BCSE offers programs to assist parents who have accumulated significant support debts. Contact the BCSE at 1-800-249-3778 for options.
• You may prevent enforcement by keeping current on payments, petitioning for a modification if your circumstances change, or establishing a repayment plan.
• Contact the BCSE immediately if you lose your job or experience a major financial change.

When Does Child Support End in West Virginia?

Under W. Va. Code 48-11-103, child support in West Virginia typically ends when the child:

• Turns 18 years old
• Turns 20 if the child is still enrolled in secondary school or an equivalent vocational or technical education program (support may be extended by court order)
• Gets married
• Becomes emancipated by court order
• Joins the United States military
• Dies

Support may continue beyond these ages if the child has a severe physical or mental disability that prevents self-support. Parents may also voluntarily agree to provide financial support for college or post-secondary education, though West Virginia courts generally cannot order it absent such an agreement.

Emancipation in West Virginia

Under W. Va. Code 49-4-115, a child aged 16 or older who marries is automatically emancipated under West Virginia law. A minor aged 16 or older may also petition the juvenile court for emancipation by demonstrating that they:

• Live separately from their parents
• Have a legal source of income
• Can handle their own social and financial responsibilities

Once emancipated, the child has the rights and responsibilities of an adult, and the parent's child support obligation ends.

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