Quick answer: West Virginia uses income shares on gross income under W. Va. Code §§ 48-13-101 to 48-13-801. Each parent’s monthly gross income from all sources, plus 50% of average overtime (unless the overtime is voluntary and new) and less pre-existing child support, maintenance paid, an additional dependents deduction and a student loan payment (up to 25% of gross income), is the adjusted gross income. The schedule of monthly basic child support obligations (§ 48-13-301, amended in 2023) gives the basic obligation for combined adjusted income from $550 to $35,000 and one to six children; below $550 it is $50 or a court-determined amount, and above $35,000 the court may add 8.8% to 19.6% of the excess. Work-related child care (reduced by 25% for the federal credit), the children’s health insurance premium and extraordinary medical and other expenses are added, and each parent pays his or her percentage of combined income, with credit for what the payor pays directly. If the payor’s income is under $2,600, the order cannot exceed 80% of his or her income less a $997 reserve (not below $50). When each parent has the children more than 127 overnights (35%), extended shared parenting multiplies the basic obligation by 1.6 and offsets each parent’s obligation; with split custody two orders are offset. The amount is a rebuttable presumption.
How West Virginia child support works
- Gross income, adjustments and the schedule. See gross income, adjustments and the schedule.
- Shared parenting and split custody. See shared parenting, the 35 percent line and split custody.
- Expenses, the self-support reserve and deviations. See expenses, the self-support reserve and deviations.
What this calculator checks
The calculator uses the 690 rows of the schedule in § 48-13-301 ($550 to $35,000), follows Worksheet A (§ 48-13-403) and Worksheet B (§ 48-13-502) and the ability-to-pay calculation of § 48-13-404, and was checked against an independent re-implementation. The statute does not say how to read an income between two $50 rows, so the calculator uses the nearest row. It does not compute attributed income, the additional dependents deduction (you enter the amount), expenses in split custody or deviations.
Child support across West Virginia
The guidelines apply in every family court, from Charleston, Huntington, Morgantown, Parkersburg, Wheeling or Martinsburg, and in cases handled by the Bureau for Child Support Enforcement. The court must state the reason for any deviation and the guideline amount on the record.
Frequently asked questions
How is child support calculated in West Virginia?
Both parents' adjusted gross incomes are combined, the schedule gives the basic obligation for the number of children, expenses are added and each parent pays his or her percentage of combined income.
What is extended shared parenting in West Virginia?
Each parent has the children more than 127 overnights (35%) a year; the basic obligation is multiplied by 1.6 and the parents' obligations are offset.
What is the lowest income in the West Virginia schedule?
$550 of combined adjusted gross income a month; below it the basic obligation is $50 or a discretionary amount.
Does West Virginia count overtime for child support?
50% of average overtime over the preceding 36 months, unless the parent shows it is voluntary and he or she had no pattern of overtime before the separation.
When can West Virginia child support be modified?
When the order is below 85% or above 115% of the guideline amount, among other reasons.