How child support works in West Virginia
In West Virginia, the Income Shares Support Formula is used to calculate child support during divorce proceedings. This formula takes into account several factors, including:
- Each parent’s gross income.
- Who the children primarily reside with (calculations are different for basic vs. extended shared parenting).
- Number of children affected by the child support order.
- Number of other children of each parent (i.e., children from previous or subsequent relationships).
- Each child’s basic financial needs.
- Mandatory deductions for extraordinary medical costs (such as hospitalization or braces) and childcare costs.
Remember, child support is different from child custody. The child custody arrangement is just one factor in the calculation of child support.
Resolving issues with child support payments
Broadly speaking, post-divorce child support issues fall into two categories. One scenario is that the correct amount of child support could change significantly, for instance because one parent has a big change in income or because the children’s needs have changed over time. Another scenario is that one parent could simply stop paying child support.
If you need to have your child support order modified to change the amount you pay or receive, you need to petition the court for a modification. Generally, any modification the court makes will be retroactive to the day you filed the petition, but not before that. So, it’s in your interest to file as soon as possible to make sure you aren’t paying too much or receiving too little during the intervening time.
If you’re dealing with an ex-spouse who won’t pay their child support, remember that you can’t violate the other terms of your divorce to try to get them to pay up. For example, you can’t refuse to hand off the children for the other parent’s parenting time. Instead, you can petition the court to enforce the child support order. The court may be able to hold your former spouse in contempt in order to force them to pay what they are legally obligated to pay.
These situations can be legally complex and emotionally fraught. That’s why it’s important to get experienced legal counsel. Our family law attorneys know how to handle difficult child support situations and work toward sustainable solutions for West Virginia families.
Talk to an experienced lawyer about your child support situation
You may be moving toward a divorce or separation and concerned about paying or receiving child support. Or, you may already be separated and dealing with a dispute or other issue involving your child support. Either way, you don’t have to handle this situation on your own. The sooner you talk to an experienced family law attorney, the better off you’ll be.
The attorneys at Klie Law Offices proudly help parents navigate difficult child support situations and disputes throughout West Virginia. Give us a call or contact us online today to schedule your consultation.