How does West Virginia child support work?
Parents in West Virginia are responsible for the care of their children. West Virginia child support payments depend on the number of children a parent has and the combined monthly incomes of both parents. WV child support is determined by a set of guidelines outlined by the state.
The court determines the fairness of the guidelines. West Virginia’s courts decide on a reasonable amount of child support based the two factors of number of children and combined monthly incomes of both parents. Although the court sets out a specified amount of child support that must be paid based on the guidelines, parents may choose to pay more than required.
While parents can increase the amount of money they pay in WV child support, they are unable to reduce the payments. Only a court can legally decrease the amount of money a parent pays in child support.
Which parent pays West Virginia child support?
Child support is paid by the non-custodial parent. The non-custodial parent is the individual that spends less time with the child. The custodial parent is the individual that has the largest amount of time with the child and most often, the custodial parent is the person that the child lives with. The non-custodial parent may receive visiting rights or custody of the child at certain times.
Although the non-custodial parent pays child support in West Virginia, both parents must share in the cost of raising their child. When parents are divorced, the money they spend on their child does not come from one central source or bank account. This means that the parent with less time with the child makes monthly child support payments to the other parent.
West Virginia courts assume that the custodial parent covers the costs of raising the child on a daily basis. The assumption is that the non-custodial parent does not cover the day to day costs. Therefore, they must make monthly WV child support payments.
West Virginia child support calculator
The non-custodial, or paying parent, does not pay the total amount of child support. Rather, each parent has a responsibility to cover a percentage of the total child support amount. Payments are made on a percentage of the parents’ income. Therefore, the parent who makes more money, pays the higher percentage of child support in West Virginia.
Parents can calculate the percentage of child support they must pay by taking both gross income and adjusted gross income into account. The gross income of both parents is the combination of unearned and earned incomes. Gross incomes include:
- Wages or salary
- Profit sharing
- Interest earned on an asset
- Business expense accounts
- Stock dividends
Other factors that are included in child support decisions include:
- The number of children involved
- Other dependent children of each parent
- Cost of medical insurance premiums
- Daycare costs
- Other child support obligations
- The number of overnights the child spends with each parent
Virginia child support laws permit judges to disregard the guidelines under certain circumstances.