The West Virginia child support system is designed with a single goal in mind: to ensure children receive the financial support they need from both parents, regardless of whether those parents live together.
We will explain how payments are calculated, what factors influence the final amount, how parenting time plays a crucial role, and what happens when someone doesn't pay. By the end of this article, you will have a clear picture of what to expect from a child support case in the Mountain State.
How is Child Support Calculated in West Virginia?
One of the most common questions parents have is simply, "How much will I have to pay?" or "How much will I receive?" West Virginia uses a specific set of rules called the Virginia child support guidelines (specifically the West Virginia guidelines) to determine the amount of child support one parent must pay. The state follows the "Income Shares Model."
Income Shares Model
The Income Shares Model is based on the idea that a child should receive the same proportion of parental income they would have received if their parents lived together. The goal is to create a fair and consistent approach to support in West Virginia, ensuring that the child’s standard of living is not drastically reduced because of a separation.
The calculation starts by looking at the income of both parents. The court combines both parents' gross monthly incomes to determine a total household income figure. This combined income is then cross-referenced with West Virginia's Schedule of Basic Child Support Obligations. This schedule provides a baseline figure, known as the basic child support obligation, based on the combined income and the number of children involved.
This initial amount represents what parents at that specific income level are typically expected to spend on their children for food, shelter, and clothing.
What Counts as Gross Income?
When determining income, the court looks at almost all sources of money. This isn't just about your take-home pay. Gross income typically includes:
- Wages and Salary: Your standard paycheck before taxes.
- Bonuses and Commissions: Extra earnings from your job.
- Self-Employment Income: Money earned from your own business, minus ordinary and necessary business expenses.
- Pensions and Severance Pay: Retirement income or payouts from leaving a job.
- Trusts and Annuities: Ongoing payments from investments.
- Social Security Benefits: Depending on the type of benefit.
It is important to be honest and accurate when reporting income. Hiding income can lead to legal penalties and does not serve the best interests of the child.
Several components are considered when calculating the final child support payments :
- Gross Income of Both Parents: As detailed above, this is the starting point.
- Number of Children: The basic child support obligation increases with more children. However, it is not a simple multiplication. For example, support for three children is not exactly three times the amount for one child, as there are economies of scale in raising a family.
- Parenting Time: The amount of time the child spends with each parent can significantly impact the final order.
- Additional Costs: Expenses like health insurance premiums and work-related child care costs are added to the basic obligation.
Once the total obligation is determined, it is divided between the parents based on their percentage share of the combined income. The parent who does not have primary physical custody, often called the non-custodial parent, is the one who pays child support to the custodial parent .
How Does Parenting Time Affect Child Support?
The West Virginia child support guidelines recognize that the amount of time each parent spends with the child affects their direct expenses. The more time a child spends in your home, the more you are likely to spend on groceries, utilities, and entertainment. Because of this, the state uses different worksheets depending on the parenting arrangement.
Basic Shared Parenting (Worksheet A)
This arrangement applies when one parent has the child for less than 35% of the year. In calendar terms, this means the child spends 127 overnights or fewer with that parent.
In a basic shared parenting scenario, the calculation is more straightforward. The law assumes the custodial parent (who has the child the majority of the time) is already spending their share of the support directly on the child's daily needs. Therefore, the non-custodial parent pays their calculated share of the basic child support obligation to the custodial parent.
Example: If Dad earns 60% of the combined income and Mom earns 40%, and Mom is the custodial parent, Dad would pay 60% of the calculated support amount to Mom. Mom is assumed to be spending her 40% share directly on the child while they are in her care.
Extended Shared Parenting (Worksheet B)
Parenting arrangements have evolved, and it is increasingly common for parents to share custody more equally. When each parent has the child for at least 35% of the year (more than 127 overnights), the state uses a different calculation called extended shared parenting.
This formula adjusts the support amount to reflect that both parents are incurring high direct costs for the child's care, such as maintaining a bedroom, providing meals, and handling transportation.
In extended shared parenting situations, the math is a bit more complex. The formula looks at the income shares but also credits parents for the time they spend with the child. Generally, as the lower-earning parent spends more time with the child, the support payment they receive might decrease, or the amount they have to pay might go down. Conversely, if a high-earning parent has significant time with the child, their payment to the other parent might be lower than in a basic shared parenting scenario because they are directly providing for the child during their time.
However, even with equal 50/50 custody, if there is a significant income disparity, the parent with the higher income will likely still make a support payment to the parent with the lower income to equalize the child's standard of living between the two homes.
What Other Expenses Are Included in a Child Support Order?
A child support order in West Virginia covers more than just the basics of food, shelter, and clothing. The calculation is robust and includes other necessary expenses to ensure the child’s comprehensive well-being.
Health and Medical Care
Parents are required to provide medical support for their children. This is a non-negotiable part of West Virginia child support .
Health Insurance
The cost of the child's portion of the health insurance premium is added to the basic support obligation. The parent who pays the premium gets a credit for that amount in the calculation.
Unreimbursed Medical Expenses
Insurance rarely covers everything. Co-pays, deductibles, dental work, braces, and vision care are considered "extraordinary medical expenses." These costs are typically shared between the parents in proportion to their incomes. For example, if Dad earns 60% of the income, he would be responsible for 60% of the braces bill, regardless of who the custodial parent is.
Work-Related Child Care
Child care is one of the biggest expenses for working parents. If the custodial parent needs child care to work or attend school/training to find work, these costs are included in the child support calculation.
These care costs are added to the basic obligation before the final division of responsibility. This recognizes that child care is a necessary expense for the parent to earn an income, which ultimately benefits the child.
Note: This only applies to work-related care. Babysitting costs for a Saturday night date or social event are generally not included in the mandatory support calculation.
Education and Special Needs
While less common in the basic formula, the court can also include costs for private school tuition or special needs expenses if these are relevant to the specific family situation. If a child has a disability or a specific educational need that requires funding, the court will look at the ability of the parents to pay for these services.
Who Handles Child Support Cases?
The West Virginia Bureau for Child Support Enforcement (BCSE) is the state agency responsible for managing child support services. The child support enforcement bcse assists parents at typically no cost or a very nominal fee.
Services Provided by the BCSE
The BCSE acts as a neutral party. They do not represent Mom or Dad; they represent the state's interest in ensuring children are supported. Their services include:
- If a parent has moved and their whereabouts are unknown, the BCSE has access to databases to help find them.
- For children born to unmarried parents, legal fatherhood must be established before support can be ordered. The BCSE facilitates genetic testing.
- They help parents get a formal, legally binding court order.
- If a parent stops paying, the BCSE has the authority to collect child support payments through various enforcement tools.
- They can review cases to see if the support amount should be raised or lowered based on current circumstances.
Parents can apply for services through their local BCSE office to start a child support case. While you can hire a private attorney, using the BCSE is a viable option for many families, especially those who need help with enforcement.
What Happens If a Parent Doesn't Pay?
A child support order is a legal judgment. It is not a suggestion. When a parent who pays child support fails to meet their obligation, serious consequences can follow. The Bureau for Child Support Enforcement has a "toolkit" of enforcement methods to ensure compliance.
Income Withholding
This is the most common and effective method. The BCSE sends an order to the paying parent's employer. The employer is legally required to deduct the child support amount directly from the employee's paycheck and send it to the state disbursement unit. This ensures payments are regular and on time.
Tax Refund Intercepts
If a parent falls behind on payments (called "arrears"), the state can intercept their state and federal tax refunds. Instead of the parent getting a refund check, that money is applied to their unpaid child support debt.
License Suspension
To encourage payment, the state can suspend various licenses held by the delinquent parent. This includes:
- Driver's licenses
- Professional licenses (like for contractors, nurses, or real estate agents)
- Recreational licenses (hunting and fishing)
Liens and Credit Reporting
The BCSE can place liens on property, such as a house or a car. This means the property cannot be sold without first paying off the child support debt. Additionally, missed payments are reported to credit bureaus, which can severely damage the non-paying parent's credit score, making it hard to get loans, credit cards, or housing.
Contempt of Court
In severe cases where a parent can pay but refuses to do so, they can be held in contempt of court. This can lead to fines and even jail time. Jail is usually a last resort, as a parent in jail cannot earn money to pay support, but it is a real possibility for willful non-payment.
Can a Child Support Order Be Changed?
Life is rarely static. Jobs change, health issues arise, and children grow. Because of this, a child support order is not necessarily permanent. It can be modified if there is a "substantial change in circumstances."
The 15% Rule
West Virginia generally follows a "15% rule." If you recalculate the support using the current income and guidelines, and the new amount is at least 15% different (higher or lower) than the current order, the court will usually consider that a substantial change.
The Modification Process
It is critical to follow the legal process for modification. Do not just make a handshake deal.
If you and the other parent agree to lower payments because of a job loss, but you do not get the court order changed, the original amount is still legally owed. The "unpaid" difference will pile up as debt (arrears) that cannot be erased. Always petition the court or request a review from the BCSE to change the existing order officially.
When Does Child Support End?
In West Virginia child support cases, the obligation to pay typically ends when the child turns 18. However, there is a very common exception.
If the child turns 18 but is still enrolled in high school (or a secondary vocational program) and making progress toward a diploma, support usually continues until they graduate or turn 20, whichever happens first.
Additionally, if a child has severe mental or physical disabilities that prevent them from supporting themselves, the court can order support to continue indefinitely into adulthood.
Important Tips for Parents
Navigating child support in West Virginia can be stressful, but keeping a few tips in mind can help the process go more smoothly.
Keep Records
Keep documentation of everything. Pay stubs, child care receipts, medical bills, and records of when the child is with you. If you pay support directly (which is rare and usually discouraged), always use a check or money order and write "child support" in the memo line. Never pay cash without a receipt.
Communicate
If you lose your job, tell the BCSE or the court immediately. Ignoring the problem will not make the obligation go away; it will only create debt.
Use the Calculator
Online calculators can give you a rough estimate of what your basic child support obligation might be. This can help you budget and set realistic expectations.
Focus on the Child
It is easy to get caught up in the conflict with the other parent. Try to remember that these funds are for your child. Whether you are writing the check or receiving it, the money puts food on the table and clothes on your child's back.