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West Virginia Child Support Calculator

Calculate estimated child support using West Virginia's official guidelines

Income Shares Model

About West Virginia's Guidelines

Income Shares Model

Note: Uses gross income with schedule

Key Information

  • Model: Income Shares
  • Last Updated: January 15, 2024

Common Deviation Factors

Extended visitationSpecial needsOther support obligations

Monthly Income

$
$

Children & Custody

0 = no overnights182 = equal custody365 = full custody

Additional Monthly Expenses

$
$
$
$
$
$
$

Estimates only — not legal advice. Consult a West Virginia family law attorney for official calculations.

Official West Virginia Court Forms

Download official court forms from the West Virginia judiciary website. These are free, legally valid forms for your family court case.

These links go to official West Virginia court websites. Forms are free and provided by the state judiciary.

West Virginia Child Support Guidelines

Income Shares ModelLast updated: 2024-01-01

West Virginia uses the West Virginia Child Support Guidelines (WV Code § 48-13) to determine child support obligations. Under the Income Shares model, both parents' incomes are combined to estimate what the family would have spent on the child if the household were intact. The obligation is then divided proportionally based on each parent's contribution to combined gross income.

West Virginia has several distinctive features in its child support system. West Virginia has one of the lowest self-support reserves ($1,125) reflecting the state's lower cost of living. The state uses gross income with a straightforward schedule. West Virginia includes specific provisions for coal miners and other seasonal workers with variable income.

West Virginia bases calculations on gross income — meaning income before taxes and deductions. This includes wages, salaries, commissions, bonuses, self-employment income, and other sources. The self-support reserve in West Virginia is $1,125/month, ensuring the paying parent retains enough income to cover basic living expenses.

How West Virginia Calculates Child Support

West Virginia follows a 6-step process under the West Virginia Child Support Guidelines (WV Code § 48-13):

  1. 1

    Calculate each parent's gross monthly income

  2. 2

    Subtract pre-existing support orders

  3. 3

    Combine adjusted incomes and find the basic obligation

  4. 4

    Prorate based on income shares

  5. 5

    Apply extended visitation adjustment if 128+ overnights

  6. 6

    Add childcare and health insurance

Income Thresholds & Key Numbers in West Virginia

Self-Support Reserve

$1,125/mo

Shared Custody Threshold

128 nights/yr

35% of overnights

Income Basis

gross

Sample Obligation Schedule

Combined Monthly Income1 Child2 Children3 Children
$1,500$240$348$416
$3,000$435$635$770
$5,000$638$935$1,138
$8,000$885$1,305$1,588

* Simplified schedule. Actual amounts may vary based on additional factors.

Custody Time Adjustments in West Virginia

West Virginia recognizes "Extended Visitation" when the non-custodial parent has the children for at least 128 overnights per year (approximately 35% of the time). When this threshold is met, the standard child support formula is adjusted to reflect the increased direct expenses borne by both parents.

Under West Virginia's Income Shares approach, the shared parenting adjustment typically calculates each parent's obligation based on their income share, then applies a credit or cross-calculation that accounts for the time each parent directly supports the child. The more overnights the non-custodial parent has, the greater the reduction in their payment — but the adjustment is not dollar-for-dollar because fixed costs like housing don't decrease when the child is away.

Below 128 overnights, West Virginia generally treats the arrangement as a sole custody situation with standard visitation, and no custody time adjustment is applied to the child support calculation.

Frequently Asked Questions About West Virginia Child Support

How does West Virginia handle variable income?

West Virginia allows courts to average income over 2-3 years for parents with variable income, including coal miners, seasonal workers, and commission-based employees. This provides a more accurate picture of the parent's earning capacity.

How to Reduce Child Support Costs in West Virginia

While child support is determined by West Virginia's guidelines, there are legitimate ways to ensure your obligation is calculated fairly.

Increase Parenting Time

In West Virginia, more overnights with your children can reduce your support obligation. Document actual time spent and request a formal custody modification if needed.

Ensure Accurate Income Reporting

Both parents' incomes must be reported accurately. Verify that bonuses, overtime, and variable income are averaged correctly over the appropriate period.

Claim All Allowable Deductions

West Virginia allows deductions for items like mandatory retirement contributions, union dues, and health insurance premiums. Make sure all qualifying deductions are included.

Request a Modification When Eligible

If your income has decreased by 15-25% or more, you may qualify for a modification. File promptly — changes are typically not retroactive before the filing date.

Account for Other Children

If you have other children you're legally obligated to support, this can be factored into the calculation as a deduction in most states.

Review Healthcare & Childcare Costs

Ensure shared expenses like health insurance and childcare are divided proportionally. If costs have changed, update the court.

Key Facts About Child Support in West Virginia

Calculation Model

Income Shares

Guidelines Source

State Statute

Review Frequency

Every 4 Years

Last Updated

January 15, 2024

Common Questions About West Virginia Child Support

What is the average child support payment in West Virginia?

Average child support in West Virginia varies widely based on income, number of children, and custody arrangement. Using the Income Shares model, a typical case with combined income of $6,000/month and one child might result in $800-$1,200/month. Use our calculator above for a personalized estimate.

How do I file for child support in West Virginia?

In West Virginia, you can file for child support through your local family court or the state's child support enforcement agency. You'll need to provide income documentation, custody information, and details about the children. Many courts offer self-help resources and forms online.

Can I modify child support in West Virginia?

Yes, West Virginia allows modifications when there is a substantial change in circumstances, such as a significant income change (typically 15-25%), change in custody, or change in the child's needs. File a motion with the court that issued the original order.

Does West Virginia enforce child support across state lines?

Yes, under the Uniform Interstate Family Support Act (UIFSA), West Virginia cooperates with all other states to enforce child support orders. If the other parent moves to a different state, enforcement can still be pursued through interstate cooperation.

How does shared custody affect child support in West Virginia?

When both parents have significant parenting time, West Virginia applies a shared custody adjustment. This typically reduces the obligation because both parents directly cover expenses during their time. The threshold and formula vary, so use our calculator to model different custody scenarios.