West Virginia Child Support Calculator

West Virginia uses the income shares model under W. Va. Code § 48-13-201 to calculate child support. Both parents' adjusted gross incomes are combined and matched to the obligation table in § 48-13-301, which covers combined monthly incomes from $550 to $35,000. The total obligation is then divided proportionally based on each parent's percentage of the combined income, with adjustments for health care, childcare, and parenting time allocation.

West Virginia uses each parent's adjusted gross income, which starts with all income sources and deducts previously ordered child support for other children, spousal support payments, and qualifying student loan payments per W. Va. Code §§ 48-1-202 and 48-13-202. Both parents must report income changes of 15% or more to the Bureau for Child Support Enforcement under § 48-11-102. Self-employment income, commissions, bonuses, and investment returns are all included in the gross income calculation.

West Virginia uses two calculation worksheets based on custodial allocation. Worksheet A applies to basic shared parenting where one parent has less than 35% of overnights. Worksheet B applies to extended shared parenting where each parent has at least 127 overnights per year (35%), per § 48-13-501. Under extended shared parenting, the base obligation is multiplied by 1.6 and then offset between parents based on their respective parenting time percentages.

West Virginia allows child support modification when there is a substantial change in circumstances under W. Va. Code § 48-11-105. A recalculation resulting in an amount more than 15% higher or lower than the current order automatically qualifies as a substantial change. Either parent may also request a review through the Bureau for Child Support Enforcement every three years without showing changed circumstances. Changes in income, custody arrangements, or a child's needs can all support a modification petition.

Beyond the basic obligation from the income table, West Virginia adds unreimbursed child health care expenses, work-related childcare costs, and any extraordinary expenses agreed upon by the parents or ordered by the court under W. Va. Code § 48-13-201. The child care tax credit is also factored in per § 48-13-601. These additional costs are divided proportionally between parents based on their respective income shares, then added to or subtracted from the base child support figure.

West Virginia sets a minimum child support obligation of $50 per month when combined adjusted gross income falls below $550 per month, per W. Va. Code § 48-13-302. The guidelines table caps at $35,000 per month in combined income under § 48-13-303. For families earning above $35,000 per month combined, the court applies a statutory formula with income-specific multipliers based on the number of children. Judges retain discretion to deviate from both minimums and maximums when circumstances require.

West Virginia child support generally continues until the child turns 18, per W. Va. Code § 48-11-103. However, support extends past age 18 if the child is unmarried, living with a parent or guardian, and attending high school or a vocational program full-time — but cannot continue beyond age 20. Support may also continue indefinitely for children with disabilities. Child support does not terminate automatically; the paying parent must obtain a court order to officially end the obligation.

West Virginia enforces child support through the Bureau for Child Support Enforcement, which can garnish wages, intercept tax refunds and lottery winnings, and suspend driver's licenses and professional licenses when arrears equal six months of payments under § 48-15-202. For high-income obligors earning $65,000 or more with 12 months of arrears, the BCSE can increase monthly payments by up to $200 under § 48-14-801. Criminal contempt charges apply after six months of nonpayment, escalating to a felony after one year under W. Va. Code § 61-5-29.