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WV Code § 48-12-111 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-111. Employer's Duties Upon Service of National Medical Support Notice; Notice From Another State

(a) Upon service of the national medical support notice requiring insurance coverage for the children, the employer, multiemployer trust or union shall enroll the child as a beneficiary in the group insurance plan and withhold any required premium from the obligated parent's income or wages, unless the child is already enrolled in this plan.(b) If more than one plan is offered by the employer, multiemployer trust or union, the child shall be enrolled in the same plan as the obligated parent. If the obligated parent is not enrolled for insurance coverage, the employer shall promptly report the availability of plans to the IV-D agency. The IV-D agency, in consultation with parent, shall promptly select the most appropriate plan, considering both the health needs of the child and the cost to the parents, and shall notify the plan administrator and the parties of the selection.(c) Insurance coverage for the child which is ordered pursuant to the provisions of this section shall not be terminated except as provided in section one hundred fifteen of this article.(d) A medical support notice issued by the appropriate IV-D agency of another state may be sent directly to an employer in this state without the necessity of first filing a petition or similar pleading or registering the order with the IV-D agency of this state. The medical support notice shall have the same force and effect as if the notice had been issued by the IV-D agency of this state. Upon receipt of a medical support notice from the IV-D agency of another state, the employer shall immediately provide a copy of the notice to the obligor.
WV Code § 48-12-112 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-112. Employer's Duties Where Court-Ordered Coverage Available

(a) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required:(1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;(2) If the parent is enrolled but fails to make application to obtain coverage of the child, to enroll the child under family coverage upon application by the child's other parent, by the state agency administering the Medicaid program or by the Bureau for Child Support enforcement;(3) Not to disenroll or eliminate coverage of the child unless the employer is provided satisfactory written evidence that:(A) The court or administrative order is no longer in effect;(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or(C) The employer eliminated family health coverage for all of its employees; and(4) To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer: Provided, That the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C. §1673, Section 303(b) of the consumer credit protection act.
WV Code § 48-12-113 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-113. Signature of Custodian of Child Is Valid Authorization to Insurer; Insurer's Obligations

(a) The signature of the custodian for the child shall constitute a valid authorization to the insurer for the purposes of processing an insurance payment to the provider of medical care for the child.(b) No insurer, employer or multiemployer trust in this state may refuse to honor a claim for a covered service when the custodian for the child or the obligated parent submits proof of payment for medical bills for the child.(c) The insurer shall reimburse the custodian for the child or the obligated parent who submits copies of medical bills for the child with proof of payment.(d) All insurers in this state shall comply with the provisions of section 33-15-16 and section 33-16-11 of this code and shall provide insurance coverage for the child of a covered employee notwithstanding the amount of support otherwise ordered by the court and regardless of the fact that the child may not be living in the home of the covered employee.
WV Code § 48-12-114 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-114. Notice to Be Transferred on Parent's Change of Employment

Where an obligated parent changes employment and the new employer provides the obligated parent's health care coverage, the Bureau for Child Support enforcement shall transfer to the new employer notice of the obligated parent's duty to provide health care coverage by use of the national medical support notice.
WV Code § 48-12-115 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-115. Insurer to Notify Custodian When Obligated Parent's Employment Is Terminated or Coverage Is Denied, Modified or Terminated; Explanation of Conversion Privileges; Employer to Notify Bureau of Termination

When an order for insurance coverage for a child pursuant to this article is in effect and the obligated parent's employment is terminated or the insurance coverage for the child is denied, modified or terminated, the insurer shall in addition to complying with the requirements of article sixteen-a, chapter thirty-three of this code, within ten days after the notice of change in coverage is sent to the covered employee, notify the custodian for the child and provide an explanation of any conversion privileges available from the insurer. In any case in which the employment of the obligated parent to provide insurance is terminated, the employer shall notify the Bureau for Child Support enforcement of the termination.
WV Code § 48-12-116 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-116. Child Is Eligible for Coverage Until Emancipated; Remedies Available if Obligated Parent Fails to Provide Ordered Coverage; Failure to Maintain Coverage Is Basis for Modification of Support Order

(a) A child of an obligated parent shall remain eligible for insurance coverage until the child is emancipated or until the insurer under the terms of the applicable insurance policy terminates said child from coverage, whichever is later in time, or until further order of the court.(b) If the obligated parent fails to comply with the order to provide insurance coverage for the child, the court shall:(1) Hold the obligated parent in contempt for failing or refusing to provide the insurance coverage or for failing or refusing to provide the information required in subdivision (4) of this subsection;(2) Enter an order for a sum certain against the obligated parent for the cost of medical care for the child and any insurance premiums paid or provided for the child during any period in which the obligated parent failed to provide the required coverage;(3) In the alternative, other enforcement remedies available under sections 14-2, 14-3 and 14-4 of this chapter, or otherwise available under law, may be used to recover from the obligated parent the cost of medical care or insurance coverage for the child;(4) In addition to other remedies available under law, the Bureau for Child Support enforcement may initiate an income withholding against the wages, salary or other employment income of, and withhold amounts from state tax refunds to any person who:(A) Is required by court or administrative order to provide coverage of the cost of health services to a child; and(B) Has received payment from a third party for the costs of the services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services, to the extent necessary to reimburse the state Medicaid agency for its costs: Provided, That claims for current and past due child support shall take priority over these claims.(c) Proof of failure to maintain court ordered insurance coverage for the child constitutes a showing of substantial change in circumstances or increased need, and provides a basis for modification of the child support order.
WV Code § 48-12-117 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-117. Mandatory Date for Use of the National Medical Support Notice

Provisions of this article which require the use of the national medical support notice are not mandatory until April 1, 2002.
WV Code § 48-12-118 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 12. Medical Support|§48-12-118. Failure of Employer to Comply With Medical Insurance Coverage; Penalties

For the failure of any employer, multiemployer trust or employee's union to comply with the requirements of this article the Bureau for Child Support enforcement may assess a civil penalty of not more than $100. If a court of competent jurisdiction determines that the employer, multiemployer trust or the employee's union wilfully failed to comply with the provisions of this article the employer, multiemployer trust or employee's union shall be found guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000.
WV Code § 48-13-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-101. Guidelines to Ensure Uniformity and Increase Predictability; Presumption of Correctness

§48-13-101. Guidelines to ensure uniformity and increase predictability; presumption of correctness.This article establishes guidelines for child support award amounts so as to ensure greater uniformity by those persons who make child support recommendations and enter child support orders and to increase predictability for parents, children and other persons who are directly affected by child support orders. There is a rebuttable presumption, in any proceeding before a court for the award of child support, that the amount of the award which would result from the application of these guidelines is the correct amount of child support to be awarded.
WV Code § 48-13-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-102. Right of Children to Share in Parents' Level of Living

The Legislature recognizes that children have a right to share in their natural parents' level of living. Expenditures in families are not made in accordance with subsistence level standards, but are made in proportion to household income, and as parental incomes increase or decrease, the actual dollar expenditures for children also increase or decrease correspondingly. In order to ensure that children properly share in their parents' resources, regardless of family structure, these guidelines are structured so as to provide that after a consideration of respective parental incomes, child support will be related, to the extent practicable, to the standard of living that children would enjoy if they were living in a household with both parents present.
WV Code § 48-13-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-103. Financial Contributions of Both Parents to Be Considered

The guidelines promulgated under the provisions of this article take into consideration the financial contributions of both parents. The Legislature recognizes that expenditures in households are made in aggregate form and that total family income is pooled to determine the level at which the family can live. These guidelines consider the financial contributions of both parents in relationship to total income, so as to establish and equitably apportion the child support obligation.
WV Code § 48-13-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-201. Use of Both Parents' Income in Determining Child Support

§48-13-201. Use of both parents' income in determining child support.A child support order is determined by dividing the total child support obligation between the parents in proportion to their income. Both parents' adjusted gross income is used to determine the amount of child support.
WV Code § 48-13-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-202. Application of Expenses and Credits in Determining Child Support

§48-13-202. Application of expenses and credits in determining child support.In determining the total child support obligation, the court shall:(1) Add to the basic child support obligation any unreimbursed child health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court; and(2) Subtract any extraordinary credits agreed to by the parents or ordered by the court.
WV Code § 48-13-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-203. Amount Determined by Guidelines Presumed to Be Correct

The amount of support resulting from the application of the guidelines is presumed to be the correct amount, unless the court, in a written finding or a specific finding on the record, disregards the guidelines or adjusts the award as provided for in section 13-702.
WV Code § 48-13-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-204. Use of Worksheets

 The calculation of the amount awarded by the support order requires the use of one of two worksheets which must be completed for each case. Worksheet A is used for a basic shared parenting arrangement. Worksheet B is used for an extended shared parenting arrangement.
WV Code § 48-13-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-205. Present Income as Monthly Amounts

To the extent practicable, all information relating to income shall be presented to the court based on monthly amounts. For example, when a party is paid wages weekly, the pay should be multiplied by fifty-two and divided by twelve to arrive at a correct monthly amount. If the court deems appropriate, such information may be presented in such other forms as the court directs.
WV Code § 48-13-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-302. Incomes Below the Table for Determining Basic Child Support Obligations

If combined adjusted gross income is below $550 per month, which is the lowest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section, the basic child support obligation shall be set at $50 per month or a discretionary amount determined by the court based on the resources and living expenses of the parents and the number of children due support.
WV Code § 48-13-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-303. Incomes Above the Table for Determining Basic Child Support Obligations

If combined adjusted gross income is above $15,000 per month, which is the highest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section, the basic child support obligation shall not be less than it would be based on a combined adjusted gross income of $15,000. The court may also compute the basic child support obligation for combined adjusted gross incomes above $15,000 by the following:(1) One child -- $1,338 + 0.088 x combined adjusted gross income above $15,000 per month;(2) Two children -- $1,934 + 0.129 x combined adjusted gross income above $15,000 per month;(3) Three children -- $2,276 + 0.153 x combined adjusted gross income above $15,000 per month;(4) Four children -- $2,515 + 0.169 x combined adjusted gross income above $15,000 per month;(5) Five children -- $2,726 + 0.183 x combined adjusted gross income above $15,000 per month; and(6) Six children -- $2,917 + 0.196 x combined adjusted gross income above $15,000 per month.
WV Code § 48-13-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-401. Basic Child Support Obligation in Basic Shared Parenting

§48-13-401. Basic child support obligation in basic shared parenting.For basic shared parenting cases, the total child support obligation consists of the basic child support obligation plus the child's share of any unreimbursed health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court less any extraordinary credits agreed to by the parents or ordered by the court.
WV Code § 48-13-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-402. Division of Basic Child Support Obligation in Basic Shared Parenting

For basic shared parenting cases, the total basic child support obligation is divided between the parents in proportion to their income. From this amount is subtracted the payor's direct expenditures of any items which were added to the basic child support obligation to arrive at the total child support obligation.
WV Code § 48-13-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-403. Worksheet for Calculating Basic Child Support Obligation in Basic Shared Parenting Cases

Child support for basic shared parenting cases shall be calculated using the following worksheet:Worksheet A: BASIC SHARED PARENTINGIN THE FAMILY COURT OF __________ COUNTY, WEST VIRGINIA CASE NO.________Mother: ______________ SS No.: ________________ Primary Custodial parent? Yes NoFather: _______________ SS No.: ________________ Primary Custodial parent? Yes NoChildrenSSNDate of BirthChildrenSSNDate of BirthPART I. CHILD SUPPORT ORDERMotherFatherCombined1. MONTHLY GROSS INCOME (Exclusive of overtime compensation)$$a. Minus preexisting child support payment-- b. Minus maintenance paid-- c. Plus overtime compensation, if not excluded, and not to exceed 50%, pursuant to W. Va. Code §48-1-228(b)(6) d. Additional dependents deduction++ 2. MONTHLY ADJUSTED GROSS INCOME $$$ 3. PERCENTAGE SHARE OF INCOME (Each parent's income from line 2 divided by Combined Income)%% 100% 4. BASIC OBLIGATION (Use Line 2 combined to find amount from schedule.)$ 5. ADJUSTMENTS (Expenses paid directly by each parent)a. Work-Related Child Care Costs Adjusted for Federal Tax Credit (0.75 x actual work-related child care costs.)$$ b. Extraordinary Medical Expenses (Uninsured only) and Children's Portion of Health Insurance Premium Costs.$$ c. Extraordinary Expenses (Agreed to by parents or by order of the court.)$$ d. Minus Extraordinary Adjustments (Agreed to by parents or by order of court.) e. Total Adjustments (For each column, add 5a, 5b, and 5c. Subtract Line 5d. Add the parent's totals together for Combined amount.)$$$ 6. TOTAL SUPPORT OBLIGATION (Add line 4 and line 5e Combined.)$ 7. EACH PARENT'S SHARE OF THE TOTAL CHILD SUPPORT OBLIGATION (Line 3 x line 6 for each parent.)$$ 8. PAYOR PARENT ADJUSTMENT (Enter payor parent's line 5e.)$$ 9. RECOMMENDED CHILD SUPPORT ORDER (Subtract line 8 from line 7 for the payor parent only. Leave payee parent column blank.)$$PART II. ABILITY TO PAY CALCULATION(Complete if the payor parent's adjusted monthly gross income is below $1,550.)10. Spendable Income (0.80 x line 2 for payor parent only.)11. Self Support Reserve$500$50012. Income Available for Support (Line 10 - line 11. If less than $50, then $50)13. Adjusted Child Support Order (Lessor of Line 9 and Line 12.)Comments, calculations, or rebuttals to schedule or adjustments if payor parent directly pays extraordinary expenses.PREPARED BY:Date:
WV Code § 48-13-404 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-404. Additional Calculation to Be Made in Basic Shared Parenting Cases

In cases where the payor parent's adjusted gross income is below $1,550 per month, an additional calculation in Worksheet A, Part II shall be made. This additional calculation sets the child support order at whichever is lower.(1) Child support at the amount determined in Part I; or(2) The difference between eighty percent of the payor parent's adjusted gross income and $500, or fifty dollars, whichever is more.
WV Code § 48-13-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 13. Guidelines for Child Support Awards|§48-13-501. Extended Shared Parenting Adjustment

OR SPLIT PHYSICAL CUSTODY CASES.§48-13-501. Extended shared parenting adjustment.Child support for cases with extended shared parenting is calculated using Worksheet B. The following method is used only for extended shared parenting: That is, in cases where each parent has the child for more than one hundred twenty-seven days per year (thirty-five percent).(1) The basic child support obligation is multiplied by 1.5 to arrive at a shared parenting basic child support obligation. The shared parenting basic child support obligation is apportioned to each parent according to his or her income. In turn, a child support obligation is computed for each parent by multiplying that parent's portion of the shared parenting child support obligation by the percentage of time the child spends with the other parent. The respective basic child support obligations are then offset, with the parent owing more basic child support paying the difference between the two amounts. The transfer for the basic obligation for the parent owing less basic child support shall be set at zero dollars.(2) Adjustments for each parent's additional direct expenses on the child are made by apportioning the sum of the parent's direct expenditures on the child's share of any unreimbursed child health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court less any extraordinary credits agreed to by the parents or ordered by the court to each parent according to their income share. In turn each parent's net share of additional direct expenses is determined by subtracting the parent's actual direct expenses on the child's share of any unreimbursed child health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or by the court less any extraordinary credits agreed to by the parents or ordered by the court from their share. The parent with a positive net share of additional direct expenses owes the other parent the amount of his or her net share of additional direct expenses. The parent with zero or a negative net share of additional direct expenses owes zero dollars for additional direct expenses.(3) The final amount of the child support order is determined by summing what each parent owes for the basic support obligation and additional direct expenses as defined in subdivisions (1) and (2) of this section. The respective sums are then offset, with the parent owing more paying the other parent the difference between the two amounts.