§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 […]
§48-13-205. Present Income as Monthly Amounts
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
§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 […]
§48-13-302. Incomes Below the Table for Determining Basic Child Support Obligations
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 […]
§48-13-303. Incomes Above the Table for Determining Basic Child Support Obligations
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
§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 […]
§48-13-402. Division of Basic Child Support Obligation in Basic Shared Parenting
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.
§48-13-403. Worksheet for Calculating Basic Child Support Obligation in Basic Shared Parenting Cases
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 […]