§48-13-101. Guidelines to ensure uniformity and increase predictability; presumption of correctness. This article establishes guidelines for child support award amounts so as to ensure greater uniformity by those persons who make child support recommendations and enter child support orders and to increase predictability for parents, children and other persons who are directly affected by child […]
The Legislature recognizes that children have a right to share in their natural parents' level of living. Expenditures in families are not made in accordance with subsistence level standards, but are made in proportion to household income, and as parental incomes increase or decrease, the actual dollar expenditures for children also increase or decrease correspondingly. […]
The guidelines promulgated under the provisions of this article take into consideration the financial contributions of both parents. The Legislature recognizes that expenditures in households are made in aggregate form and that total family income is pooled to determine the level at which the family can live. These guidelines consider the financial contributions of both […]
§48-13-201. Use of both parents' income in determining child support. A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents' adjusted gross income is used to determine the amount of child support.
§48-13-202. Application of expenses and credits in determining child support. In determining the total child support obligation, the court shall: (1) Add to the basic child support obligation any unreimbursed child health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court; and
The amount of support resulting from the application of the guidelines is presumed to be the correct amount, unless the court, in a written finding or a specific finding on the record, disregards the guidelines or adjusts the award as provided for in section 13-702.
The calculation of the amount awarded by the support order requires the use of one of two worksheets which must be completed for each case. Worksheet A is used for a basic shared parenting arrangement. Worksheet B is used for an extended shared parenting arrangement.
To the extent practicable, all information relating to income shall be presented to the court based on monthly amounts. For example, when a party is paid wages weekly, the pay should be multiplied by fifty-two and divided by twelve to arrive at a correct monthly amount. If the court deems appropriate, such information may be […]
§48-13-301. Determining the basic child support obligation. The basic child support obligation is determined from the following table of monthly basic child support obligations: West Virginia Monthly Basic Child Support Obligations (Adjusted for West Virginia's Income Relative to U.S. Averages) COMBINED GROSS ONE TWO THREE FOUR FIVE SIX MONTHLY CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN […]
If combined adjusted gross income is below $550 per month, which is the lowest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section, the basic child support obligation shall be set at $50 per month or a discretionary amount determined by the court […]
If combined adjusted gross income is above $15,000 per month, which is the highest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section, the basic child support obligation shall not be less than it would be based on a combined adjusted gross income […]
§48-13-401. Basic child support obligation in basic shared parenting. For basic shared parenting cases, the total child support obligation consists of the basic child support obligation plus the child's share of any unreimbursed health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court […]
For basic shared parenting cases, the total basic child support obligation is divided between the parents in proportion to their income. From this amount is subtracted the payor's direct expenditures of any items which were added to the basic child support obligation to arrive at the total child support obligation.
Child support for basic shared parenting cases shall be calculated using the following worksheet: Worksheet A: BASIC SHARED PARENTING IN THE FAMILY COURT OF __________ COUNTY, WEST VIRGINIA CASE NO.________ Mother: ______________ SS No.: ________________ Primary Custodial parent? Yes No Father: _______________ SS No.: ________________ Primary Custodial parent? Yes No Children SSN Date of Birth […]
In cases where the payor parent's adjusted gross income is below $1,550 per month, an additional calculation in Worksheet A, Part II shall be made. This additional calculation sets the child support order at whichever is lower. (1) Child support at the amount determined in Part I; or
OR SPLIT PHYSICAL CUSTODY CASES. §48-13-501. Extended shared parenting adjustment. Child support for cases with extended shared parenting is calculated using Worksheet B. The following method is used only for extended shared parenting: That is, in cases where each parent has the child for more than one hundred twenty-seven days per year (thirty-five percent). (1) […]
Child support for extended shared parenting cases shall be calculated using the following worksheet: Worksheet B: extended shared parenting IN THE FAMILY COURT OF ______________ COUNTY, WEST VIRGINIA CASE NO. ____________ Mother: ___________________________ SS No.: __________ Father: ____________________________ SS No.: __________ Children SSN Date of Birth Children SSN Date of Birth PART I. BASIC OBLIGATION […]
In cases with split physical custody, the court shall use Worksheet A as set forth in section 13-403 to calculate a separate child support order for each parent based on the number of children in that parent's custody. Instead of transferring the calculated orders between parents, the two orders are offset. The difference of the […]
§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 […]
(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 […]
