Child Support in West Virginia Should Be Based on the Right Numbers.
Whether you are establishing child support, trying to modify an existing order, dealing with unpaid support, or facing a dispute about income or parenting time, The Skeen Firm helps West Virginia parents understand the numbers and move forward.
West Virginia Child Support Issues We Handle
Child support disputes often involve much more than plugging two salaries into a calculator. Income, overtime, business earnings, parenting time, child care, insurance, existing obligations and changes in circumstances can all affect the result.
Establishing Child Support
We help parents prepare for initial child support proceedings, identify relevant financial information, and present the circumstances affecting the guideline calculation.
Child Support Modification
Income, employment, parenting schedules, child care and insurance can change. We evaluate whether an existing support order should be modified under West Virginia law.
Enforcement & Arrears
We represent parents dealing with unpaid court-ordered support, enforcement proceedings, disputed arrearages and payment-history issues.
Business Owner & Self-Employed Income
Tax returns do not always tell the entire story. Business income, distributions, expenses and compensation may require closer analysis.
Shared Parenting Calculations
Parenting time can affect the applicable child support worksheet. The actual number of parenting days can matter substantially.
Medical & Child Care Expenses
Work-related child care, health insurance, unreimbursed medical expenses and other costs may affect the total support obligation.
How Is Child Support Calculated in West Virginia?
West Virginia uses statutory child support guidelines and worksheets. The calculation generally starts with the parents' incomes, but several additional factors can affect the final amount.
- Gross monthly income
- Allowable income adjustments
- Income of both parents
- Parenting time
- Work-related child care
- Health insurance expenses
- Unreimbursed medical expenses
- Prior support obligations
- Other circumstances relevant under West Virginia law
Think Your Current Child Support Number Is Wrong?
Start by having the underlying facts and calculation reviewed.
Modifying Child Support in West Virginia
A child support order that made sense several years ago may no longer reflect the family's circumstances. But support generally does not automatically change simply because someone's income or parenting schedule changed.
Reasons a Modification May Be Appropriate
Common issues include a significant change in income, job loss, increased earnings, a changed parenting schedule, different child care expenses, changes in insurance costs or other substantial changes affecting the guideline calculation.
Do Not Wait Too Long to Review the Order
If circumstances have materially changed, waiting can make the financial consequences more difficult. A lawyer can evaluate the existing order, current financial information and potential new calculation before you decide how to proceed.
West Virginia Child Support Enforcement & Arrears
A support order is a court order. When payments are missed, the unpaid balance can create significant legal and financial consequences. Disputes can also arise over the amount actually owed, payment credits or how arrears have been calculated.
Unpaid Support
We can review the order and payment history and help determine the appropriate enforcement strategy.
Disputed Arrears
When the claimed balance is incorrect, records and payment histories may become critical.
Contempt Proceedings
Court enforcement proceedings can have serious consequences and should be addressed promptly.
Does 50/50 Custody Eliminate Child Support in West Virginia?
Not necessarily. Shared or approximately equal parenting time does not automatically mean that neither parent pays child support. The parents' respective incomes, parenting schedule, expenses and the applicable statutory worksheet still matter.
Parenting Time Is Part of the Calculation
West Virginia's child support framework distinguishes between basic and extended shared parenting. Accurately determining the parenting schedule can therefore affect the support calculation.
Income Still Matters
Even where parents have substantial or equal parenting time, a significant income difference can result in a support obligation. Every case should be calculated using the actual financial and parenting information.
Child Support for Business Owners and High-Income Parents
Support cases can become more complicated when a parent owns a business, receives commissions or bonuses, has multiple sources of income, or has income that changes substantially from year to year.
Self-Employment
Determining income may require reviewing more than a personal tax return or pay stub.
Bonuses & Variable Compensation
Irregular compensation may still be relevant to determining income available for child support.
Business Expenses
An expense that is deductible for tax purposes is not necessarily treated the same way when determining income for child support.
Frequently Asked Questions
How is child support calculated in West Virginia?
West Virginia uses statutory child support guidelines and worksheets. Income, parenting time, child care, insurance, medical expenses and other statutory considerations can affect the result.
Can child support be changed in West Virginia?
Yes. A court may modify a child support order when the legal requirements for modification are satisfied. A significant change in income, parenting time or other relevant circumstances may justify reviewing the existing order.
Does 50/50 custody mean no child support?
No. Equal parenting time does not automatically eliminate child support. The parents' incomes and the applicable shared-parenting calculation remain important.
What happens if a parent does not pay child support?
Unpaid support can result in arrears and enforcement proceedings. The appropriate response depends on the order, payment history and circumstances of the case.
Can overtime or bonuses count as income?
Compensation beyond base salary can be relevant depending on the facts. Variable income often requires a closer review of employment and financial records.
How is self-employment income handled?
Self-employment cases may require analysis of tax returns, business records, distributions and claimed business expenses rather than simply relying on the amount shown on a paycheck.
Do I need a lawyer for a child support case?
You are not required to hire an attorney in every child support matter, but legal representation can be particularly valuable when income is disputed, a business is involved, substantial arrears are claimed, modification is contested or the case involves other family court issues.
Can child support and custody be addressed together?
Custody and child support are legally distinct issues, but parenting arrangements can affect the support calculation. Family court matters frequently involve both issues.
West Virginia Child Support Representation
The Skeen Firm represents clients in West Virginia family law and child support matters, including clients in Northern and North Central West Virginia.
Get Clear Answers About West Virginia Child Support.
Whether you are facing an initial support determination, seeking a modification, dealing with unpaid support or questioning how income has been calculated, start with a review of your situation.