West Virginia Child Support Laws: Guidelines and Calculations
How to Apply for Child Support in West Virginia
The West Virginia Bureau for Child Support Enforcement (BCSE) provides comprehensive child support services including:
- Non-custodial parent location
- Paternity establishment
- Collection of support payments
- Review and modification of child support orders
To apply for services:
- Apply online through WV PATH (requires valid email address)
- Download the paper application
- Visit a local BCSE office
What to remember:
- Contact the customer service unit at 1-800-249-3778 (Monday through Friday)
- You must have a Social Security number to apply online
- West Virginia does not charge child support application fees
- Families receiving Medicaid, TANF, or other state assistance qualify for BCSE services automatically
- If you receive child support payments, you will no longer receive cash assistance such as TANF
How Is Paternity Established in West Virginia?
According to the BCSE, there are three primary ways to establish paternity in West Virginia:
- Voluntary Acknowledgment of Paternity: Both parents complete and sign the Declaration of Paternity Affidavit, typically at the hospital after birth
- Administrative Establishment: Parents may petition the BCSE to conduct genetic testing
- Court Order: Either parent may file a lawsuit asking the court to order a paternity test
What to remember:
- The family court considers the "best interests of the child," and a judge might refuse to order a DNA test in certain circumstances
- Either parent may bring a court case against the other to establish paternity
- Paternity establishment creates a legal relationship between father and child, making child support a legal obligation
- The BCSE cannot assist with visitation and custody issues
- Paternity establishment grants the child inheritance rights and allows the father to petition for custody or visitation
How Is Child Support Determined in West Virginia?
West Virginia uses the Income Shares Formula to determine child support. Under W. Va. Code 48-13-201, this model is based on the presumption that children should receive the same proportion of parental income they would receive if the parents lived together.
The support amount depends on several factors:
- The number of children
- The amount of time the child spends with each parent
- The gross income of both parents
- Specific expenses involved in raising the children
- Other children of both parents
- Other extenuating circumstances
Which Worksheet to Use
West Virginia requires different worksheets based on custody arrangements:
- Worksheet A: For sole custody or when one parent has the child less than 35% of the time (fewer than 127 overnights per year)
- Worksheet B: For extended shared parenting when each parent has at least 35% of the time
Calculating Income
Gross income includes all earned and unearned income except:
- Income received by others in the household (such as a new spouse)
- Child support received for children from another relationship
- Public assistance based on income (TANF, SSI, food stamps)
Generally, 50% of overtime pay must be included unless the court allows exclusion based on specific circumstances.
Grounds for Deviation
Under W. Va. Code 48-13-702, if the court finds the guidelines inappropriate, it may adjust or disregard them based on:
- Special needs of the parents or children
- Extraordinary visitation costs incurred by the non-custodial parent
- Educational expenses for the parent or child
- The number of children subject to the support action
- Inconsistent income of the paying parent
- High-cost visitation due to long distance between parents
How to Calculate Child Support in West Virginia
To calculate child support in West Virginia:
- Determine both parents' gross monthly income
- Calculate adjusted gross income by subtracting allowable deductions
- Combine both parents' adjusted gross income
- Reference the West Virginia Monthly Basic Child Support Schedule to find the basic support obligation
- Allocate each parent's share proportionally based on income
- Add costs for health insurance, extraordinary medical expenses, and work-related childcare
Note: The West Virginia Support Enforcement Commission completed its most recent review of child support guidelines in 2023. The next review is scheduled for 2026.
What to remember:
- The minimum basic child support obligation is $50 per month when combined adjusted gross income is below $550
- If a paying parent is voluntarily unemployed or underemployed, the court may impute income based on earning capacity
- Judges must consider multiple factors before imputing income, including the local job market and the parent's employment history
How to Modify Child Support in West Virginia
Parents may request a child support order modification when they experience a substantial change in financial circumstances. The burden of proof is on the petitioning parent to demonstrate why the current order is unjust.
Grounds for modification include:
- Involuntary job loss or significant income reduction
- Increased or decreased childcare expenses
- Change in the child's medical or educational needs
- Change in custody arrangement
- Incarceration exceeding six months
How to request modification:
- Parents may request a review three years after the order became effective or after the last review
- If circumstances change significantly, you may petition at any time
- Download and complete Expedited Modification of Child Support Form (SCA-FC-226)
- Custodial parents may file a Contempt Petition (SCA-FC-251)
- Access additional family court forms here
All modification requests must be in writing. For assistance, contact support at 1-800-642-3617.
What Happens If You Do Not Pay Child Support in West Virginia?
Child support arrears in West Virginia are subject to interest payments. Most support orders include income withholding requiring employers to garnish payments directly from wages. If income withholding fails, the BCSE and courts may use additional enforcement actions:
- Credit Bureau Reporting: Delinquent support is reported to credit bureaus
- Tax Return Interception: Federal, state, and local tax refunds may be intercepted
- Passport Denial: Passports may be denied or revoked if you owe more than $2,500
- License Suspension: Driver's licenses, recreational licenses, and professional licenses may be suspended or revoked
- Liens on Property: Liens may be placed on real estate, vehicles, and other assets
- Bank Account Seizure: Funds may be collected from bank accounts
Criminal Non-Support in West Virginia
Under W. Va. Code 61-5-29, willful failure to pay child support is a crime if the parent could have reasonably provided support and is at least six months behind. The offense is:
- Misdemeanor: If payments are 6 months or more behind
- Felony: If payments have not been made for one year or more
Jail is often the court's last resort, but judges may order community service or work-release programs. Even if imprisoned, you will still owe arrears plus accumulated interest.
What to remember:
- West Virginia's Amnesty Program assists parents who have accumulated significant support debts
- You may prevent enforcement by honoring your obligation, petitioning for order changes, or establishing a repayment plan
- Contact the BCSE immediately if your circumstances change
When Does Child Support End in West Virginia?
Under West Virginia child support laws, the obligation typically ends when the child:
- Turns 18 years old
- Graduates from high school (support may continue until age 19 if still enrolled)
- Gets married
- Becomes emancipated
- Joins the U.S. military
Support may continue beyond these ages if the child has a severe physical or mental disability preventing self-support. Additionally, parents may agree to provide college or university tuition, which would extend the obligation.
Emancipation in West Virginia
A 16-year-old who gets married is automatically emancipated under West Virginia law. Minors may also petition the local juvenile court for emancipation if they:
- Live separately from their parents
- Have a legal source of income
- Demonstrate ability to handle their social and financial responsibilities
More Virginia Laws
Sources and References
- West Virginia State Legislature(state legislature).gov