West Virginia Child Support Calculator (2025)

How West Virginia Calculates Child Support

West Virginia uses the Income Shares model for calculating child support, governed by WV Code §48-13-702. This model is based on the economic principle that children should receive the same proportion of parental income they would have received if their parents lived together. The Income Shares approach is the most widely used child support model in the United States, and West Virginia's implementation includes several state-specific provisions.

Under West Virginia's system, the court determines each parent's income, combines those figures, and consults the guidelines schedule to find the basic child support obligation based on combined adjusted gross income and number of children. Each parent's proportionate share is determined by their percentage of combined income. Additional costs for health insurance, childcare, and extraordinary expenses are added and divided proportionally.

The West Virginia guidelines create a rebuttable presumption that the calculated amount is the correct child support obligation. Courts can deviate only with specific written findings explaining why the guideline amount is unjust or inappropriate.

History and Legislative Background

West Virginia's child support guidelines are established under WV Code §48-13-702 (Chapter 48, Article 13). The state adopted the Income Shares model in 1990. The guidelines were significantly revised in 2001, 2010, and 2018. West Virginia's guidelines are administered through the Bureau for Child Support Enforcement within the Department of Health and Human Resources.

West Virginia uses combined adjusted gross income and sets the shared custody threshold at 128 overnights per year (35% of the year). WV also has specific provisions for income from coal mining, natural gas, and timber royalties, reflecting the state's natural resource economy. The state provides a detailed worksheet (SCA-FC-FC-100) for calculating support.

Understanding WV Code §48-13-702

WV Code §48-13-702 is the cornerstone of child support calculations in West Virginia. This comprehensive law establishes the framework that judges, attorneys, and parents must follow when determining child support obligations. WV Code §48-13-702 contains the guidelines schedule. Section 48-13-701 establishes the rebuttable presumption, Section 48-13-703 addresses income definition, and Section 48-13-704 covers deviations. West Virginia also has detailed Family Court Rules of Practice and Procedure governing support proceedings.

The calculation follows a systematic approach: (1) determine each parent's gross income, (2) subtract permitted deductions, (3) combine adjusted incomes, (4) look up the basic obligation in the schedule, (5) calculate each parent's percentage share, (6) determine each parent's dollar share of the obligation, and (7) allocate additional expenses proportionally.

The Income Shares Model in West Virginia

West Virginia's adoption of the Income Shares model reflects a commitment to ensuring children benefit from both parents' financial resources. Economic research demonstrates that in intact families, both parents contribute to child-rearing costs in proportion to their incomes. The Income Shares model seeks to replicate this dynamic when parents live apart.

The model estimates what parents would collectively spend on their children if they shared a household. This estimate, the basic child support obligation, is derived from the West Virginia schedule based on economic data from the U.S. Department of Agriculture and other research on child-rearing expenditures. The obligation is then divided between parents based on their proportionate shares of combined income.

Unlike the Percentage of Income model used in some states (which considers only the non-custodial parent's income), the Income Shares model examines both parents' financial positions. This prevents inequitable results when one parent earns significantly more or less than the other, and ensures children of higher-income families receive support commensurate with the family's overall standard of living.

West Virginia Income Explained

Understanding what constitutes income under West Virginia child support law is essential for accurate calculations. West Virginia uses combined adjusted gross income as the basis for determining the support obligation.

What Counts as Income in West Virginia

• Wages, salaries, and tips from all employment sources
• Commissions, bonuses, and overtime averaged over a reasonable period
• Self-employment income after legitimate business expenses
• Rental and royalty income from property and natural resources
• Interest, dividends, and investment income
• Pension, retirement, and annuity payments
• Social Security benefits of all types
• Workers' compensation and disability benefits
• Unemployment compensation
• Alimony received from other relationships
• Trust income and estate distributions
• Military pay and allowances
• Severance pay and strike benefits
• Capital gains from sale of assets

Allowable Deductions

• Federal, state, and local income taxes
• FICA taxes (Social Security and Medicare)
• Mandatory retirement contributions required by employer
• Pre-existing child support orders actually being paid
• Pre-existing alimony obligations under court order
• Mandatory union dues (where applicable)

Imputation of Income

West Virginia courts may impute income to a parent who is voluntarily unemployed or underemployed. The court considers the parent's age, education, work experience, health, available jobs in the community, and prior earnings history. Imputation prevents a parent from artificially reducing their support obligation by choosing not to work or accepting employment below their capacity. Courts will not impute income to parents with documented disabilities or those caring for very young children where childcare costs would exceed potential earnings.

The West Virginia Support Schedule

The West Virginia child support guidelines schedule lists base monthly support obligations for various levels of combined adjusted gross income and different numbers of children. Below is a representative excerpt:

The schedule amounts represent the estimated total cost of raising children at each income level, derived from economic research. As income rises, the obligation increases but at a decreasing marginal rate. For incomes above the schedule maximum, courts typically extrapolate or exercise discretion based on the children's demonstrated needs.

How to Read the Schedule

Locate the row closest to the parents' combined adjusted gross income. If the exact amount does not appear, interpolate between the two nearest values. Then look across to the column for the number of children. The result is the base child support obligation to be divided between parents proportionally.

Shared Custody Adjustments

West Virginia recognizes that shared physical custody arrangements require modified support calculations. West Virginia applies the shared custody adjustment when each parent has the child for 128 or more overnights per year (approximately 35%). The formula multiplies the base obligation by 1.5, computes each parent's proportionate share, and offsets the obligations. The 128-night threshold is among the higher shared-custody triggers in the country.

The Shared Custody Calculation

1. Calculate the base child support obligation using the standard schedule
2. Multiply the base obligation by 1.5 to account for duplicated household costs
3. Determine each parent's proportionate share based on income percentage
4. Multiply each parent's share by the percentage of time the child spends with the other parent
5. Offset the two amounts; the parent with the higher obligation pays the difference

This adjustment prevents the inequitable result that would occur if the standard formula were applied to shared custody, where both parents bear significant direct costs. The multiplier acknowledges increased total household costs when a child maintains two primary residences.

When Courts Deviate from Guidelines

While West Virginia's guidelines establish a presumptive correct amount, courts retain discretion to deviate when strict application would produce an unjust result. Any deviation requires specific written findings of fact.

Common grounds for deviation include:

• Extraordinary medical or dental expenses for a child with special healthcare needs
• Special educational expenses including private school or tutoring
• Travel costs for long-distance visitation
• Seasonal or variable income making standard calculations unreliable
• Combined income exceeding the schedule maximum
• Extraordinary tax consequences
• A child's independent income or resources
• Substantial debt from the marriage for family necessities
• In-kind contributions offsetting the support obligation

Courts exercise deviation authority sparingly. Data indicates deviations occur in fewer than 15% of cases, underscoring the strength of the guideline presumption.

How to Modify Child Support in West Virginia

Child support orders in West Virginia can be modified when there has been a material change in circumstances. West Virginia presumes a material change when the recalculated amount differs by 15% or more from the existing order.

Common grounds for modification include:

• Significant change in either parent's income
• Involuntary job loss or reduction in hours
• Change in custody or parenting time arrangement
• A child reaching majority or becoming emancipated
• Change in the child's medical or educational needs
• Significant change in health insurance or childcare costs

The Modification Process

File a motion to modify with the court that issued the original order. Provide current financial documentation. Both parents will exchange updated income information. Most uncontested modifications are completed within 60 to 120 days. Modifications are effective from the filing date, not retroactively, so parents experiencing changes should file promptly.

Enforcement of West Virginia Child Support

West Virginia's child support enforcement is handled through the West Virginia Bureau for Child Support Enforcement (BCSE) within the Department of Health and Human Resources.

Enforcement tools include:

• Income withholding/wage garnishment: Standard method for all orders
• Contempt of court: Fines and imprisonment for willful non-payment
• License suspension: Driver's, professional, and recreational licenses
• Tax refund interception: Both state and federal refunds
• Property liens: Real estate, vehicles, and financial accounts
• Credit bureau reporting: Mandatory reporting of past-due amounts
• Passport denial: For arrearages over $2,500
• Bank account seizure: Freezing and seizing funds

West Virginia participates in the Uniform Interstate Family Support Act (UIFSA) for interstate enforcement. Past-due support accrues 10% per annum on past-due child support. The state collects approximately $190 million in child support annually.

Duration of Child Support in West Virginia

In West Virginia, child support continues until the child reaches age 18, or through high school graduation (not beyond age 20). Support may terminate earlier if the child marries, enlists in the military, or is legally emancipated. For children with significant disabilities preventing self-support, courts may order continued support beyond the standard age. Each case is evaluated individually based on the child's specific circumstances and needs.

Tax Implications

Under current federal tax law, child support payments are not tax-deductible for the paying parent and are not taxable income for the receiving parent. The dependency exemption for children of separated parents is generally claimed by the custodial parent unless released via IRS Form 8332. West Virginia courts sometimes address exemption allocation as part of the overall support determination.

Frequently Asked Questions

Other State Child Support Calculators

Child support laws vary significantly by state. If you need to calculate child support in another state, use one of our other free calculators: