When families in West Virginia go through a separation or divorce, one of the most challenging issues they face is determining who pays for what when it comes to raising children. Child-related expenses, the allocation of tax credits, and the role of mediation in resolving these issues can all create confusion and tension. At Klie Law Offices, we help families in Buckhannon, Clarksburg, Morgantown, Parkersburg navigate these complex matters with clarity and confidence.
This guide provides a comprehensive overview of child-related financial matters, legal obligations, and how mediation can assist in reaching amicable resolutions.
Understanding Child Expenses in Divorce and Custody Cases
Child expenses go beyond basic child support payments. They often include:
- Medical and dental expenses (insurance premiums, copays, out-of-pocket costs)
- Childcare and daycare
- Educational expenses (tuition, books, supplies, tutoring)
- Extracurricular activities (sports, music lessons, summer camps)
- Transportation costs (for visitation or school)
Who Pays for What?
In West Virginia, the courts aim to ensure that children maintain a stable quality of life post-divorce. The courts use specific child support guidelines to calculate a base support amount, but they may also order the sharing of additional expenses based on:
- The income of each parent
- The custody arrangement
- Each parent’s ability to pay
Parents can agree to divide expenses themselves, or the court may intervene and assign responsibility. Learn more on our Child Custody page.
Claiming Children for Tax Credits and Deductions
Another frequent point of conflict involves who gets to claim the child or children on tax returns. These federal tax benefits can be substantial and include:
- Child Tax Credit (CTC)
- Earned Income Tax Credit (EITC)
- Child and Dependent Care Credit
- Head of Household Filing Status
IRS Rules and Family Court Orders
The IRS default rule is that the parent with whom the child lives most of the year (the custodial parent) is entitled to claim the child. However, courts can override this by ordering or allowing the custodial parent to sign IRS Form 8332, releasing the claim to the non-custodial parent.
Courts in WV often alternate tax years between parents, especially if custody is 50/50.
Important: If you violate a court order or try to claim a child without proper rights, you risk penalties and audits.
Using Mediation to Resolve Financial Disputes
Mediation offers a more cooperative and less adversarial way to resolve disputes about child expenses and tax credits. At Klie Law Offices, we encourage our clients to consider mediation for its many benefits:
- Faster and less expensive than court
- Private and confidential
- Promotes better co-parenting relationships
- Allows parents to tailor agreements to their unique situation
What Happens in Mediation?
During mediation, a neutral third party (the mediator) helps both parents:
- Understand the full scope of child-related expenses
- Develop fair expense-sharing plans
- Agree on how tax benefits will be divided
- Resolve disagreements about reimbursements and communication
A successful mediation can result in a legally binding agreement, filed with the court. For an overview of the process, visit our Mediation page.
What to Prepare for Mediation or Court
Whether you’re negotiating privately, in mediation, or through the court, it helps to come prepared with:
- Pay stubs and tax returns
- Monthly budgets and receipts
- Health insurance statements
- School and daycare invoices
- Lists of extracurricular activities and associated costs
Document everything. This can protect you in case of future disputes or modifications.
Frequently Asked Questions (FAQs)
Can I stop paying for extracurriculars if my child doesn’t attend regularly?
Not without modifying the agreement. You must follow the court order or mediated agreement unless it is officially changed.
What if my ex claims the child on taxes without my permission?
You can report it to the IRS and may need to file an amended return. You should also consult an attorney and possibly return to court.
Is mediation required?
In many WV family courts, mediation is required before trial, especially in custody and financial disputes.
What if we can’t agree in mediation?
If mediation fails, the case proceeds to court where a judge makes the final decision.
Can expenses be split unevenly?
Yes. If one parent earns significantly more, they may be responsible for a larger share.
Klie Law Offices Is Here to Help
Disagreements about child expenses and tax issues can create long-lasting stress. At Klie Law Offices, we offer compassionate legal guidance grounded in deep experience. Whether you’re seeking advice, modifying a previous order, or preparing for mediation, we can help.
We proudly serve clients in Clarksburg, Morgantown, Buckhannon, and Parkersburg.
Book an appointment today to speak with a trusted family law attorney.
