Child Support in West Virginia

All parents, whether they're married or not, have a legal duty to support their children. When the parents are living together, they ordinarily provide that support directly, in the form of things like shelter, food, and clothing. But when parents are separated, divorced, or never married, a judge may order one of them to pay a certain amount to ensure the children's well-being.

Like all states in the U.S., West Virginia has child support guidelines for calculating how much parents must pay. The guidelines are complicated. So it will help to understand how the calculations work and what you'll need to get started.

How Is Child Support Calculated in West Virginia?

The West Virginia child support guidelines use the "income shares model." Under this model, the total amount of the parents' combined support obligation primarily depends on both of their incomes, the number of children they have, the amount of time each parent has with their kids, and certain expenses. Each parent's share of their combined support obligation is based on each one's percentage share of their combined incomes—although there are further adjustments (as discussed below). (W. Va. Code § 48-13-201 (2025).)

Which Parent Pays Child Support?

Under West Virginia's guidelines, the child support calculation results in an amount each parent must provide for the child or children. Typically, the parent who doesn't have the kids most of the time will pay that amount to the custodial parent. Meanwhile, the state assumes custodial parents will spend their share of support directly on the children living with them.

The guidelines have special rules for calculating each parent's child support obligation when they have joint custody (and each has their kids for a significant amount of time) or split custody (meaning each parent has at least one of their children most of the time). In these situations, the parent with a higher support obligation will pay the difference to the other parent.

How to Use West Virginia's Child Support Worksheets

Unlike many other states, West Virginia doesn't have an official, online calculator you can use to get a quick estimate of your child support obligation. (You may find other calculators online, but there's no guarantee that they include all of the adjustments and provisions in the state's current guidelines.)

To get an accurate calculation in your case, you'll need to use one of the state's mandatory child support worksheets. These are the same worksheets you'll submit to the court when you file for divorce or apply for child support.

Your custody arrangements will affect which worksheet you'll use to calculate child support:

• Sole custody or basic shared parenting. When one parent will have physical custody of your child or children overnight for less than 35% (or 127 overnights) during the year, you'll use Worksheet A.
• Extended shared parenting. When each parent will have the children for at least 35% of the year, and both contribute to their expenses in addition to child support, you'll use Worksheet B.
• Split custody. When each parent will have physical custody of at least one of your children, you'll use Worksheet A along with the split custody adjustment.

If you and your co-parent haven't already agreed on a parenting plan, you could try calculating support under the possible options to see how different parenting arrangements would affect child support.

What Counts as Income for Calculating Child Support in West Virginia?

You'll start calculating child support by entering each parent's monthly gross income on the appropriate worksheet. Under West Virginia's guidelines, gross income includes all earned and unearned income, except the following:

• income received by others in the parent's household, such as a new spouse
• child support that a parent receives for children from another relationship
• a child's income (unless it substantially reduces the family's living expenses), and
• public assistance based on income, such as TANF, SSI, and food stamps.

Usually, you'll need to include 50% of overtime pay in gross income, unless the judge allows you to exclude that because you can show that the overtime was voluntary and you didn't normally work those hours before you and your spouse separated (or, if you were never married, before your child was born).

To calculate adjusted gross income, deduct the following from gross income:

• payments for previously ordered child support (for children from another relationship)
• payments for spousal support (alimony) or separate maintenance
• your actual student loan payments for your own educational expenses (with some limits), and
• your support for additional dependents, but only if the judge allows that (more on this adjustment below).

(W. Va. Code §§ 48-1-202, 48-1-228, 48-13-202(3) (2025).)

What Is West Virginia's Child Support Schedule?

After you fill in the income information on the child support worksheet, you'll need to enter the total basic child support obligation. You can this figure on West Virginia's current schedule, which shows the basic support obligation for different income levels and numbers of children.

Additions to Basic Child Support in West Virginia

As seen in the worksheets, there can be additions to the basic child support amount for the cost of:

• health insurance coverage for the child
• extraordinary unreimbursed medical expenses
• work-related child care, and
• any other extraordinary expenses (if the judge allows them or you and your co-parent agree to include them).

The parents may also agree to deduct extraordinary credits (or the judge may order these deductions).

(W. Va. Code 48-1-225, 48-13-202(1) (2025).)

When Will Judges Impute Income to a Parent for Calculating Child Support?

In some circumstances, a judge may calculate child support using a parent's "attributed income" (sometimes called imputed income). Basically, this means the child support obligation will be based on what the parent could be earning rather than their actual reported income.

Under West Virginia law, there are two different methods for attributing income to a parent.

The first method applies when a parent:

• is unemployed
• is working less than full time
• is earning below their full potential, or
• owns assets that aren't producing as much income as they could (not including the parent's primary home).

In any of these circumstances, the judge may attribute income based on the parent's specific circumstances, including factors such as the parent's work and earnings history, job skills, education, and employment barriers, as well as the local job market and prevailing wages.

The alternative method for attributing income applies when a parent is all of the following:

• voluntarily unemployed, underemployed, or not earning as much as they could
• able and available for full-time work suited for the parent's previous training and experience, and
• not making reasonable efforts to find employment.

In this situation, the judge will attribute earning capacity to that parent based on their previous income or, if there isn't enough information to do that, based on full-time employment at the current federal minimum wage.

A judge may attribute income even if avoiding child support wasn't the reason for the parent's voluntary unemployment or underemployment. However, a judge may not attribute income if it would be unfair, including when a parent is:

• caring for a child of both parents, and that child is younger than school age, has disabilities, or otherwise needs special care
• making substantial progress toward completing a financial self-improvement program (such as education or self-employment) that will ultimately benefit the kids being supported
• earning less than before because of valid medical reasons, or
• incarcerated.

(W. Va. Code § 48-1-205 (2025).)

When Child Support May Be Different Than the Guideline Amount

Under West Virginia law, judges must presume that the amount of child support calculated under the guidelines is the right amount in each case. But you can try to overcome that presumption and convince a judge to order a lower or higher amount. To be successful, you'll have to show that the standard calculation would be inappropriate in light of the child's needs or either parent's circumstances.

Possible reasons for deviating from the guidelines include:

• the child (or the parent paying support) has special needs
• the child or parent has extra educational expenses (such as for private school or postsecondary education)
• the parents have more than six children
• the parents have high costs for visitation because they live a long distance from each other
• the paying parent has inconsistent income
• the parent paying support is also obligated to support another child (more on that below), and
• after paying child support, child care costs, and spousal support, the paying parent will be left with a net income below the federal poverty level.

Judges will also consider whether a deviation from the guidelines would leave the child's household with below-poverty income.

(W. Va. Code §§ 48-13-701, 48-13-702 (2025).)

Can Parents Agree on a Child Support Amount?

You and your co-parent always have the option of agreeing on an amount of child support. In fact, the guidelines were designed to encourage those agreements and minimize the need for lengthy (and expensive) court battles over child support.

However, you'll need to submit your agreement to the court for a judge's approval, along with the worksheet showing the guideline calculation. If you've agreed to an amount that's higher than that calculation, there shouldn't be a problem. But if you've agreed to a lower amount, be prepared to explain why the standard calculation would be inappropriate under your specific circumstances (as discussed above).

Is There a Child Support Minimum in West Virginia?

If the parents' combined adjusted gross income is below $550 per month, West Virginia generally requires a minimum basic child support obligation of $50 per month. However, a judge may order a different amount based on the parents' resources and living expenses, as well as the number of children to be supported. (W. Va. Code § 48-13-302 (2025).)

How to Collect and Enforce Child Support in West Virginia

Under West Virginia law, child support orders must include an income withholding order. That way, the support payments are automatically taken out of the paying parent's income and forwarded to the recipient parent. There are only two exceptions to the income withholding requirement: when the judge finds a good reason not to require it, or the parents have agreed to another arrangement. Even if one of those exceptions applies, income withholding will start immediately when the payments are one month behind (or the amount of overdue support equals at least a month's payment). (W. Va. Code §§ 48-14-401, 48-4-403 (2025).)

In addition to income withholding, the BCSE has several methods for enforcing child support orders. Depending on how far behind the payments are, those tools include:

• referring the child support debt to state and federal tax authorities so they'll intercept the delinquent parent's income tax refunds to pay the overdue support
• having the delinquent parent's state-issued licenses (including a driver's license, any professional or occupational licenses, and recreational licenses) suspended or denied
• placing a lien on the deadbeat parent's real estate and personal property, and attaching their assets so they can't sell the property without paying the back support, and
• filing a contempt motion with the court for failure to pay child support, which could result in fines or jail time.

Parents in West Virginia can also be charged with a crime for failing to pay court-ordered child support if they could've reasonably provided that support and are at least six months behind in the payments. The crime jumps up from a misdemeanor to a felony if they haven't paid for a year. (W. Va. Code § 61-5-29 (2025).)

If the BCSE is taking too long to get results, you always have the option of going directly to court to enforce your child support order. You would file a motion (written legal request) requesting enforcement of the order. Usually, you'll also ask the judge to hold the delinquent parent in contempt of court.

How to Modify Child Support

Either parent may ask the court to change their current child support order by filing a petition for a modification. But they'll need to show that there's been an unanticipated substantial change in circumstances since the existing order was issued or last modified.

However, if a new calculation under the guidelines results in an amount of support that's at least 15% different than the current order, that will qualify as a substantial change in circumstances. Other changes that might qualify include things like a change in the child's needs or a switch in which parent has primary physical custody. (W. Va. Code § 48-11-105 (2025).)

West Virginia's Expedited Process for Modifying Child Support

The legal process for getting a modification from the court can take a while. To help out parents experiencing sudden financial changes, West Virginia provides a speedier modification procedure. Parents may use this expedited process if:

• either parent's income has dropped because of a loss of employment or another involuntary reason
• either parent's income has increased because of a promotion or a new job
• a parent has had another change in employment that has affected their income, or
• a parent is called to active military duty.

If you qualify to use this process, you should read the court's directions before completing the form. After you file the form, the court clerk will take care of serving the other parent with the paperwork. If the other parent doesn't object and request a hearing, your proposed modification will take effect in two weeks. (W. Va. Code § 48-11-106 (2025).)

Requesting an Agency Review of Child Support

If the BCSE is handling your case, you may ask your local BCSE office to review your current child support order to see if you qualify for a modification. Unless it has been at least three years since the order was issued or last modified, you'll need to demonstrate that there's been a substantial change in circumstance.

Does a Parent's Remarriage Affect Child Support?

A parent's remarriage—in and of itself—isn't enough to justify modifying a child support order. However, there might be some limited circumstances when the needs of a new family could play a role in a judge's decision.

Does a New Spouse's Income Count?

As mentioned above, the income of a parent's new spouse is explicitly not included in the parent's income when calculating child support under the guidelines. West Virginia courts have confirmed that judges shouldn't consider a new spouse's income when ruling on the other parent's modification motion. (W. Va. Code § 48-1-228(d)(1) (2025); Hicks v. Hicks, 526 S.E.2d 14 (W. Va. 1999).)

However, it's worth pointing out that in an older West Virginia case, the court pointed out that a judge might consider a parent's remarriage when modifying child support if that parent benefited financially from a new spouse's property or earnings. (Lambert v. Miller, 358 S.E.2d 785 (W. Va. 1987).)

What does this all mean? If you're hoping for an increase in child support after your ex has remarried, you can't simply do a new calculation by including the new spouse's income in your ex's gross income. But you might argue that your ex's improved finances after remarriage are a reason to deviate from the standard calculation. It will be up to the judge to decide whether a deviation (and a modification) is warranted, based on all of the circumstances.

How Can New Children Affect a Modification Request?

Under West Virginia's guidelines, a judge may allow an adjustment in the calculation of child support to account for a parent's support for children from a new marriage. This applies only to natural or adopted children (not stepchildren) who are minors and live with the parent or who are incapacitated because of a disability.

However, the judge may not use this adjustment if it results in a support amount that's lower than the existing order. Still, a custodial parent who has additional children after remarrying could ask for this adjustment as part of a request to increase the existing support order. If allowed, the adjustment might change the standard guideline calculation by decreasing the custodial parent's adjusted gross income. (W. Va. Code § 48-1-202 (2025).)

If you're having trouble affording your current child support payments because of the needs of your new family, there's another avenue you could use to seek a modification. As discussed above, West Virginia law lists various reasons that may warrant a deviation from the standard guideline calculation—including the needs of another child that the paying parent is legally obligated to support (such as children born or adopted in a new marriage). So you could try to convince the judge that the needs of your new child or children are a reason to lower your child support payments and depart from the guidelines. (W. Va. Code § 48-13-702(b)(6) (2025).)

When Does Child Support End in West Virginia?

Under West Virginia law, the obligation to pay child support ordinarily ends when the child turns 18. However, support must continue for an 18- or 19-year-old child who is:

• unmarried
• living with a parent, guardian, or custodian
• enrolled as a full-time student in a secondary educational or vocational program, and
• making substantial progress towards a diploma.

(W. Va. Code § 48-11-103 (2025).)

Be aware that the rules may be different for children who are completely incapacitated from earning a living because of their disabilities.

How to Get Help With Child Support

If you're married to your child's other parent, you'll usually apply for child support when you file for divorce in West Virginia. Outside of the divorce context, you can request child support by applying for services with the state's Bureau of Child Support Enforcement (BCSE). The agency provides a wide range of other resources for parents, including establishing paternity and help with locating absent parents, if needed. So if you need help with child support, you can turn to the agency for more information and assistance.

Still, there are some situations when you may want to consult with a lawyer, such as when you and your co-parent can't agree on a modification of your existing order or a request to deviate from the standard calculation of child support under the guidelines. An experienced family law attorney can explain how the guidelines (and exceptions) apply in your situation—and can help you gather the evidence you'll need to convince a judge of your position.