Child Support

Child support exists for one fundamental reason: to ensure that children receive the financial resources they need after their parents separate or divorce. Whether you are seeking to establish a child support order, enforce an existing one, or request a modification due to changed circumstances, understanding how child support works in West Virginia and Ohio is essential. At Klie Law Offices, our family law attorneys help both custodial and noncustodial parents navigate the child support process with clarity and confidence.

We handle child support matters from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio, serving families throughout both states.

The child support formula in West Virginia takes into account several key factors, including the gross income of both parents from all sources (wages, salary, bonuses, commissions, self-employment income, rental income, investment income, and certain benefits), the number of children requiring support, the cost of health insurance for the children, work-related childcare expenses, and the parenting time schedule.
West Virginia's child support guidelines produce a presumptive amount, which means the court generally follows the formula unless there is a compelling reason to deviate. Deviations may be appropriate when a child has extraordinary medical or educational needs, when the parents' combined income falls outside the range covered by the guidelines, or when other factors make the guideline amount unjust or inappropriate.

It is important to understand that income for child support purposes is broadly defined. It includes more than just wages from employment. Self-employment income, rental income, interest and dividends, Social Security benefits, workers' compensation, unemployment benefits, pensions, and trust distributions may all be included. If a parent is voluntarily underemployed or unemployed, the court may impute income — meaning the court calculates support based on what that parent could reasonably be expected to earn given their education, work history, and local job market.

A child support order can be established as part of a divorce proceeding, a custody case, or a standalone child support action. In West Virginia and Ohio, either parent can petition the court to establish a child support order.

For unmarried parents, establishing paternity is often a necessary first step before a child support order can be entered. Once parentage is legally confirmed, the court can proceed with a support determination using the same guidelines that apply in divorce and custody cases.

The process typically involves both parents providing detailed financial information, including pay stubs, tax returns, documentation of other income sources, and proof of expenses such as health insurance premiums and childcare costs. Our attorneys help clients compile the necessary documentation and present their financial circumstances accurately to the court.

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When a parent fails to pay court-ordered child support, the consequences can be significant. Both West Virginia and Ohio have multiple enforcement mechanisms available to ensure that children receive the financial support they are owed.

Enforcement options may include income withholding, where child support is deducted directly from the paying parent's wages, interception of tax refunds at both the state and federal level, suspension of the delinquent parent's driver's license, professional license, or recreational licenses, liens placed on real estate or personal property, reporting of the delinquency to credit bureaus, contempt of court proceedings, which can result in fines or jail time, and passport denial for parents who owe a specified amount in back support.

Our attorneys assist custodial parents in pursuing enforcement of court orders to hold the noncustodial parent accountable. We also help noncustodial parents who are facing enforcement actions understand their rights and explore options such as requesting a modification if they are genuinely unable to pay the current amount.

In both West Virginia and Ohio, the child support order typically addresses which parent is responsible for providing health insurance coverage for the children. The cost of health insurance premiums attributable to the children is factored into the child support calculation. If neither parent has access to affordable employer-sponsored health insurance, the court may order that coverage be obtained through other means. Unreimbursed medical expenses — such as copays, deductibles, and expenses not covered by insurance — are usually divided between the parents in proportion to their incomes.

In West Virginia, child support generally continues until the child turns 18, or until the child turns 20 if they are still attending high school or an approved secondary educational program on a full-time basis. There are limited circumstances under which support may continue beyond these ages, such as when a child has a disability that prevents them from becoming self-supporting.

In Ohio, child support typically continues until the child turns 18, or until age 19 if the child is still attending high school. Ohio courts may also order support to continue for adult children with physical or mental disabilities that prevent self-sufficiency