§48-13-601. Adjustment for Child Care Tax Credit
§48-13-601. Adjustment for child care tax credit. (a) The amount of the federal tax credit for child care expenses that can be realized by the custodial parent shall be approximated by deducting twenty-five percent from work-related child care costs, except that no such deduction shall be made for custodial parents with monthly gross incomes below […]
§48-13-602. Adjustment for Child Health Care
(a) A child support order shall provide for the child's current and future medical needs by providing relief in accordance with the provisions of article 12-101, et seq., of this chapter. (b) The payment of a premium to provide health insurance coverage on behalf of the children subject to the order is added to the […]
§48-13-603. Adjustment for Obligor's Social Security Benefits Sent Directly to the Child; Receipt by Child of Supplemental Security Income
(a) If a proportion of the obligor's social security benefit is paid directly to the custodian of his or her dependents who are the subject of the child support order, the following adjustment shall be made. The total amount of the social security benefit which includes the amounts paid to the obligor and the obligee […]
§48-13-701. Rebuttable Presumption That Child Support Award Is Correct
§48-13-701. Rebuttable presumption that child support award is correct. The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia. The guidelines must be applied to all actions in which child support is being determined including temporary orders, interstate (URESA and UIFSA), domestic violence, […]
§48-13-702. Disregard of Formula
(a) If the court finds that the guidelines are inappropriate in a specific case, the court may either disregard the guidelines or adjust the guidelines-based award to accommodate the needs of the child or children or the circumstances of the parent or parents. In either case, the reason for the deviation and the amount of […]
§48-13-703. Restructuring of Payments Upon Release of Inmate
Upon his or her release from the custody of the Division of Corrections or the United States Bureau of Prisons, a person who is gainfully employed and is subject to a child support obligation or obligations and from whose weekly disposable earnings an amount in excess of forty percent is being withheld for the child […]
§48-13-801. Tax Exemption for Child Due Support
§48-13-801. Tax exemption for child due support. Unless otherwise agreed to by the parties, the court shall allocate the right to claim dependent children for income tax purposes to the payee parent except in cases of extended shared parenting. In extended shared parenting cases, these rights shall be allocated between the parties in proportion to […]
§48-13-802. Investment of Child Support
(a) The court has the discretion, in appropriate cases, to direct that a portion of child support be placed in trust and invested for future educational or other needs of the child. The court may order such investment when all of the child's day-to-day needs are being met such that, with due consideration of the […]
§48-13-803. Reimbursement or Arrearage Only Support
When the payor is not paying any current support obligation but is required to pay for arrearages or reimbursement support, the court shall set a payment amount for the repayment of reimbursement support or of a support arrearage that is reasonable pursuant to the provisions of this article or section 6-301, but not to exceed […]
§48-13-804. Default Orders
(a) In any proceeding in which support is to be established, if a party has been served with proper pleadings and notified of the date, time and place of a hearing before a family court judge and does not enter an appearance or file a response, the family court judge shall prepare a default order […]