West Virginia Child Support Laws (2026): Guidelines & Calculator

West Virginia calculates child support using the Income Shares Formula under W. Va. Code 48-13-201, dividing the total obligation between parents in proportion to their incomes. Use the West Virginia child support calculator below to estimate a guideline amount, or open the full-page West Virginia child support calculator for a detailed breakdown.

How to Apply for Child Support in West Virginia

The West Virginia Bureau for Child Support Enforcement (BCSE), part of the Department of Human Services, provides services including locating noncustodial parents, establishing paternity, collecting support payments, and reviewing or modifying existing orders.

To apply for services:

• Apply online through WV PATH (requires a Social Security number and valid email address)
• Download the paper application from the BCSE website
• Visit a local BCSE office in person

If you need help using WV PATH, customer service is available at 1-844-451-3515. For general child support questions, contact the BCSE Customer Service Unit at 1-800-249-3778 (Monday through Friday).

What to remember:

• West Virginia does not charge child support application fees.
• Families receiving Medicaid, TANF, or other state assistance automatically qualify for BCSE services.
• If you receive child support payments while on cash assistance such as TANF, those cash assistance payments may stop.
• The BCSE handles support, paternity, and enforcement. It does not handle custody or visitation disputes.

How Is Paternity Established in West Virginia?

Under West Virginia law, paternity must be established before a court can order child support from a father. There are three primary ways to establish paternity:

• Voluntary Acknowledgment of Paternity: Both parents complete and sign the Declaration of Paternity Affidavit, typically at the hospital after the child is born.
• Administrative Establishment: Parents may petition the BCSE to conduct genetic (DNA) testing to confirm biological parentage.
• Court Order: Either parent may file a lawsuit in family court asking a judge to order a paternity test.

What to remember:

• The family court considers the "best interests of the child" when making paternity determinations. A judge may decline to order a DNA test in certain circumstances.
• Establishing paternity creates a legal parent-child relationship, making child support a legal obligation for the father.
• Paternity also grants the child inheritance rights and allows the father to petition for custody or visitation.
• Either parent may bring a court case against the other to establish paternity.

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 presumes that children should receive the same proportion of parental income they would have received if the parents lived together. Both parents contribute proportionally to a combined support obligation based on their relative earnings.

The court considers several factors when setting a support amount:

• The number of children requiring support
• The amount of time the child spends with each parent
• The gross income of both parents
• Specific expenses involved in raising the children (health insurance, childcare, extraordinary medical costs)
• Other children either parent supports
• Other relevant circumstances

There is a rebuttable presumption that the amount produced by the guidelines is the correct amount of child support to award. The court must make written findings if it departs from the guidelines.

Which Worksheet to Use

West Virginia requires different worksheets depending on the custody arrangement:

• Worksheet A: Used for basic shared parenting, where one parent has the child for fewer than 127 days per year (less than 35% of the time).
• Worksheet B: Used for extended shared parenting, where each parent has the child for more than 127 days per year (more than 35% of the time) per W. Va. Code 48-13-501.

Under Worksheet B, a child support obligation is calculated for each parent. The obligations are then offset, and the parent who owes more pays the difference to the other parent.

The 50/50 Custody Presumption and Child Support

West Virginia law includes a presumption that equal (50/50) parenting time is in the best interest of the child. When parents share custody equally and have similar incomes, the court may determine that no child support is necessary. When incomes differ significantly, the higher-earning parent typically pays child support even in a 50/50 arrangement, calculated using Worksheet B.

Calculating Income

Gross income for child support purposes includes all earned and unearned income. Certain income sources are excluded:

• Income received by other members of the household (such as a new spouse)
• Child support received for children from a different relationship
• Public assistance based on income (TANF, SSI, food stamps)

Under the guidelines, 50% of overtime pay must generally be included in gross income unless the court allows exclusion based on specific circumstances.

If a parent is voluntarily unemployed or underemployed, the court may impute income based on that parent's earning capacity. Before imputing income, the judge must consider factors including the local job market, the parent's work history, education, and any physical or mental limitations.

Grounds for Deviation

Under W. Va. Code 48-13-702, a court may adjust or disregard the guideline amount if the result would be unjust or inappropriate. Grounds for deviation include:

• Special needs of the child or an obligor who is physically or mentally disabled
• Educational expenses for the child or parent beyond public school
• Cases involving more than six children
• Long-distance visitation costs incurred by the noncustodial parent
• A child residing with a third party rather than either parent
• An obligor's duty to support additional children from another relationship
• Income that is nonrecurring or not guaranteed (such as seasonal work)
• Circumstances where deviation is needed to keep the obligor's or child's household income above the federal poverty level

How to Calculate Child Support in West Virginia

To calculate child support, follow these steps:

1. Determine both parents' gross monthly income.
2. Calculate each parent's adjusted gross income by subtracting allowable deductions (such as pre-existing child support orders and spousal support paid).
3. Combine both parents' adjusted gross income.
4. Reference the West Virginia Monthly Basic Child Support Schedule to find the basic support obligation for the combined income and number of children.
5. Allocate each parent's share proportionally based on their percentage of the combined income.
6. Add costs for health insurance premiums, extraordinary medical expenses, and work-related childcare.

Income thresholds to know:

• If combined adjusted gross income is below $550 per month, the basic obligation is $50 per month (or a discretionary amount set by the court) under W. Va. Code 48-13-302.
• If combined adjusted gross income exceeds $35,000 per month, the obligation will not be less than it would be at the $35,000 level. The court has discretion for amounts above this cap.

Note: The West Virginia Support Enforcement Commission periodically reviews the state's child support guidelines. It began its most recent review in April 2022 and presented recommendations during the 2023 legislative session. The BCSE states that the next review of the West Virginia guidelines will be made in 2026, so confirm the current schedule with the BCSE before relying on a figure.

For a quick estimate, use the West Virginia child support calculator on this page.

How to Modify Child Support in West Virginia

Parents may request a modification of their child support order when they experience a substantial change in circumstances. The parent requesting the change bears the burden of proving that the current order is unjust.

Grounds for modification include:

• Involuntary job loss or significant income reduction
• Increased or decreased childcare expenses
• A change in the child's medical or educational needs
• A change in custody or parenting time arrangement
• Incarceration exceeding six months
• A new child support obligation for another child

How to request a modification:

• Parents may request a review through the BCSE three years after the order was established or after the last review.
• If a significant change in circumstances occurs sooner, you may petition the family court at any time.
• Download and complete the Expedited Modification of Child Support Form from the West Virginia Judiciary website.
• Access additional family court forms on the West Virginia Judiciary website.

All modification requests must be in writing. For assistance, contact the BCSE at 1-800-249-3778.

What Happens If You Do Not Pay Child Support in West Virginia?

Child support arrears in West Virginia accrue interest. Most support orders include an income withholding provision that requires employers to garnish payments directly from the noncustodial parent's wages. When income withholding is insufficient, the BCSE and courts may pursue additional enforcement actions.

Administrative and Civil Enforcement

• Credit Bureau Reporting: Delinquent child support is reported to all three major credit bureaus, which can affect the obligor's credit score.
• Tax Refund Interception: Federal, state, and local tax refunds may be intercepted to pay child support arrears.
• Passport Denial: Under federal law, passports may be denied or revoked if a parent owes more than $2,500 in child support.
• License Suspension: Driver's licenses, recreational licenses, and professional or occupational licenses may be suspended or revoked.
• Liens on Property: Liens may be placed on real estate, vehicles, and other personal property.
• Bank Account Seizure: Funds may be levied from bank accounts to satisfy arrears.
• Contempt of Court: A custodial parent may file a contempt petition if the other parent willfully fails to pay.

Criminal Nonsupport in West Virginia

Under W. Va. Code 61-5-29, willful failure to provide court-ordered child support is a criminal offense when the parent had the ability to pay:

• Misdemeanor: Payments are six months or more in arrears. Penalties include a fine of $100 to $1,000 and up to one year in jail, or both.
• Felony: Payments have not been made for twelve months or more. Felony nonsupport carries a fine of $100 to $1,000 and one to three years in prison, or both.

Under W. Va. Code 48-18-205, the BCSE must notify an obligor within six months of arrears reaching $1,000 that continued nonpayment could result in felony prosecution if arrears increase to $8,000 or more. If you have received that notice, get a free case evaluation from a West Virginia family lawyer on a modification or repayment plan before arrears reach $8,000 (attorney advertising).

Jail is typically the court's last resort. Judges may instead order community service or work-release programs. Even if imprisoned, a parent still owes all accumulated arrears plus interest.

What to remember:

• The BCSE offers programs to assist parents who have accumulated significant support debts. Contact the BCSE at 1-800-249-3778 for options.
• You may prevent enforcement by keeping current on payments, petitioning for a modification if your circumstances change, or establishing a repayment plan.
• Contact the BCSE immediately if you lose your job or experience a major financial change.

When Does Child Support End in West Virginia?

Child support in West Virginia typically ends when the child:

• Turns 18 years old
• Turns 20, if the child is unmarried, residing with a parent, guardian, or custodian, and enrolled full-time in a secondary educational or vocational program while making substantial progress toward a diploma. W. Va. Code 48-11-103 requires support to continue past 18 on those terms, and bars it from extending past age 20.
• Gets married. Under W. Va. Code 49-4-115, a child over the age of 16 who marries is emancipated by operation of law.
• Becomes emancipated by court order under W. Va. Code 49-4-115
• Dies

Support may continue beyond these ages if the child has a severe physical or mental disability that prevents self-support. Parents may also voluntarily agree to provide financial support for college or post-secondary education, though West Virginia courts generally cannot order it absent such an agreement.

Emancipation in West Virginia

Under W. Va. Code 49-4-115, a child over the age of 16 who marries is emancipated by operation of law. A child over the age of 16 may also petition a court to be declared emancipated. The statute sets a single showing: the court may declare the child emancipated, for good cause shown, upon a showing that the child "can provide for his or her physical and financial well-being and has the ability to make decisions for himself or herself."

Living apart from a parent is not a statutory requirement, so a child still living at home is not barred from petitioning. The parents or custodians are named as respondents to the petition, and notice must be published as a Class II legal advertisement in addition to personal service.

Once emancipated, the child has the rights and responsibilities of an adult, and the parent's child support obligation ends.

More West Virginia Laws

• West Virginia Alimony Laws
• West Virginia Child Custody Laws
• West Virginia Divorce Laws

Frequently Asked Questions

What is the minimum child support payment in West Virginia?

The minimum basic child support obligation is $50 per month when the parents' combined adjusted gross income is below $550 per month under W. Va. Code 48-13-302. A judge may order a different amount based on the parents' resources, living expenses, and the number of children requiring support.

Does a new spouse's income affect child support in West Virginia?

No. A new spouse's income is excluded from the gross income calculation for child support purposes. However, a new spouse's income could indirectly affect a household's overall financial picture, which the court may consider in certain circumstances.

Can parents agree to no child support in West Virginia?

Parents cannot simply agree that neither will pay child support. Any agreement for an amount different from the guidelines must be approved by the family court. The court generally will not approve an agreement for less than the presumptive amount if a parent receives public assistance on behalf of the child.

How does 50/50 custody affect child support in West Virginia?

When parents share equal parenting time, the court uses Worksheet B for extended shared parenting. Each parent's support obligation is calculated and then offset against the other. The parent with higher income pays the difference. If both parents earn similar amounts, the court may determine that no child support payment is necessary.

What happens to child support if I am incarcerated in West Virginia?

Parents incarcerated for more than six months may petition for a modification of their child support order. However, support obligations continue to accrue during incarceration unless the court grants a modification. Filing for modification as soon as possible after incarceration begins helps avoid accumulating arrears that will be owed after release.