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2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-104. Payments Out of Disposable Retired or Retainer Pay

Whenever under the terms of article 5-601, et seq., or article 5-501, et seq., a court enters an order requiring the payment of child support, if the court anticipates the payment of such child support or any portion thereof to be paid out of "disposable retired or retainer pay" as that term is defined in 10 U.S.C. §1408, relating to members or former members of the uniformed services of the United States, the court shall specifically provide for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of the payor party to the payee party.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-105. Modification of Child Support Order

(a) The court may modify a child support order, for the benefit of the child, when a motion is made that alleges a change in the circumstances of a parent or another proper person or persons. A motion for modification of a child support order may be brought by a custodial parent or any other lawful custodian or guardian of the child, by a parent or other person obligated to pay child support for the child or by the Bureau for Child Support Enforcement of the Department of Health and Human Resources of this state.
(b) The provisions of the order may be modified if there is a substantial change in circumstances. If application of the guideline would result in a new order that is more than fifteen percent different, then the circumstances are considered a substantial change.
(c) An order that modifies the amount of child support to be paid shall conform to the support guidelines set forth in section one hundred one, article thirteen, et seq., of this chapter unless the court disregards the guidelines or adjusts the award as provided in section seven hundred two of said article.
(d) The Supreme Court of Appeals shall make available to the courts a standard form for a petition for modification of an order for support, which form will allege that the existing order should be altered or revised because of a loss or change of employment or other substantial change affecting income or that the amount of support required to be aid is not within fifteen percent of the child support guidelines. The clerk of the circuit court and the secretary-clerk of the family court shall make the forms available to persons desiring to represent themselves in filing a motion for modification of the support award.
(e) Upon entry of an order modifying a child support amount the court shall, no later than five days from entry of the order, provide a copy of the modified order to the Bureau for Child Support Enforcement. If an overpayment to one of the parties occurs as a result of the modified terms of the order, funds properly withheld by the Bureau for Child Support Enforcement pursuant the terms of the original order shall not be returned until such time as the Bureau for Child Support Enforcement receives repayment from the party in possession of the overpayment.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-106. Expedited Process for Modification

(a) An expedited process for modification of a child support order may be utilized if:
(1) Either parent experiences a substantial change of circumstances resulting in a decrease in income due to loss of employment or other involuntary cause;
(2) An increase in income due to promotion, change in employment or reemployment;
(3) Other such change in employment status; or
(4) If a military parent is called to military service.
(b) The party seeking the recalculation of support and modification of the support order shall file a description of the decrease or increase in income and an explanation of the cause of the decrease or increase on a standardized form to be provided by the secretary-clerk or other employee of the family court. The standardized form shall be verified by the filing party. Any available documentary evidence shall be filed with the standardized form. Based upon the filing and information available in the case record, the amount of support shall be tentatively recalculated.
(c) The secretary-clerk shall serve a notice of the filing, a copy of the standardized form and the support calculations upon the other party by certified mail, return receipt requested, with delivery restricted to the addressee, in accordance with rule 4(d)(1)(D) of the West Virginia rules of civil procedure. The secretary-clerk shall also mail a copy, by first-class mail, to the local office of the Bureau for Child Support enforcement for the county in which the family court is located in the same manner as original process under rule 4(d) of the rules of civil procedure.
(d) The notice shall fix a date fourteen days from the date of mailing and inform the party that unless the recalculation is contested and a hearing request is made on or before the date fixed, the proposed modification will be made effective. If the filing is contested, the proposed modification shall be set for hearing; otherwise, the court shall enter an order for a judgment by default. Either party may move to set aside a judgment by default, pursuant to the provisions of rule 55 or rule 60(b) of the rules of civil procedure.
(e) If an obligor uses the provisions of this section to expeditiously reduce his or her child support obligation, the order that effected the reduction shall also require the obligor to notify the obligee of reemployment, new employment or other such change in employment status that results in an increase in income. If an obligee uses the provisions of this section to expeditiously increase his or her child support obligation, the order that effected the increase shall also require the obligee to notify the obligor of reemployment, new employment or other such change in employment status that results in an increase in income of the obligee.
(f) The Supreme Court of Appeals shall develop the standardized form required by this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-106a. Modification of Support Order With the Assistance of Bureau for Child Support Enforcement

In addition to any other procedure which may exist by law, any party seeking the recalculation of support and modification under a child support order due to a substantial change in circumstances pursuant to the provisions of section one hundred six of this article may seek and obtain the assistance of the Bureau of Child Support Enforcement, pursuant to the procedures established under the provisions of sections two hundred one through two hundred six, inclusive, article eighteen of this chapter, in the preparation, assessment and presentation of an appropriate petition for modification of a support order, including the identification and narrowing of issues associated with a requested recalculation of support prior to filing the petition and the preparation and presentation of an appropriate petition and proposed order for modification for consideration by the family court.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-107. Modification Resulting in Reduction and Overpayment of Support

In any proceeding filed after January 1, 2001, where a petition to modify child support is granted which results in a reduction of child support owed so that the obligor has overpaid child support, the court shall grant a decretal judgment to the obligor for the amount of the overpayment. The court shall inquire as to whether a support arrearage was owed by the obligor for support due prior to the filing of the petition for modification. If an arrearage exists, the court shall order an offset of the overpayment against the child support arrearages. If no prior arrearage exists or if the arrearage is not sufficient to offset the overpayment, then the court may direct the Bureau for Child Support enforcement to collect the overpayment through income withholding, if the person has, in the court's opinion, sufficient income other than the child support received. The income withholding shall be in all respects as provided for in part 14-401, et seq., except that in no circumstances may the amount withheld exceed thirty-five percent of the disposable earnings for the period, regardless of the length of time that the overpayment has been owed.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-108. Modification of Support Based on Military Service

(a) If a military parent is called to military service, either parent may file a notice of activation of military service and a request for an expedited modification of a support order pursuant to section one hundred six of this article. In the petition, the parent must cite the basis for modifying the support order and the military parent's change in financial circumstances supporting the petition.
(b) The court shall temporarily modify the amount of child support for the duration of the military parent's military service pursuant to the provisions of section fifteen of this article if there is a substantial change in circumstances based upon changes in income and earning capacity of the military parent during military service. An increase or decrease in income or earning capacity of a military parent due to military service may only be used to calculate support during the period of military service and must not be considered a permanent increase or decrease in income or earning capacity. The effective date for a temporary modification must be the date the military parent begins military service.
(c) Upon return from military service, the military parent's child support obligation prior to a temporary modification is automatically reinstated, effective on the date the military parent is released from service. Within ninety days of the military parent's release from service, either parent may make a request for a modification of child support to correspond to a change in the military parent's nonservice related income or earning capacity. A modification of child support must be based solely upon the income or earning capacity the military parent has following his or her period of military service.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-401. Modification Upon Showing of Changed Circumstances or Harm

§48-11-401. Modification upon showing of changed circumstances or harm.
(a) Except as provided in section four hundred two or four hundred three of this article, a court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order and were not anticipated therein, that a substantial change has occurred in the circumstances of the child or of one or both parents and a modification is necessary to serve the best interests of the child.
(b) In exceptional circumstances, a court may modify a parenting plan if it finds that the plan is not working as contemplated and in some specific way is manifestly harmful to the child, even if a substantial change of circumstances has not occurred.
(c) Unless the parents have agreed otherwise, the following circumstances do not justify a significant modification of a parenting plan except where harm to the child is shown:
(1) Circumstances resulting in an involuntary loss of income, by loss of employment or otherwise, affecting the parent's economic status;
(2) A parent's remarriage or cohabitation; and
(3) Choice of reasonable caretaking arrangements for the child by a legal parent, including the child's placement in day care.
(d) For purposes of subsection (a) of this section, the occurrence or worsening of a limiting factor, as defined in subsection (a), section two hundred nine of this article, after a parenting plan has been ordered by the court, constitutes a substantial change of circumstances and measures shall be ordered pursuant to section two hundred nine of this article to protect the child or the child's parent.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 11. Support of Children › §48-11-402. Modification Without Showing of Changed Circumstances

(a) The court shall modify a parenting plan in accordance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child.
(b) The court may modify any provisions of the parenting plan without the showing of change circumstances required by subsection (a), section four hundred one of this article if the modification is in the child's best interests, and the modification:
(1) Reflects the de facto arrangements under which the child has been receiving care from the petitioner, without objection, in substantial deviation from the parenting plan, for the preceding six months before the petition for modification is filed, provided the arrangement is not the result of a parent's acquiescence resulting from the other parent's domestic abuse;
(2) Constitutes a minor modification in the plan; or
(3) Is necessary to accommodate the reasonable and firm preferences of a child who has attained the age of fourteen.
(c) Evidence of repeated filings of fraudulent reports of domestic violence or child abuse is admissible in a domestic relations action between the involved parties when the allocation of custodial responsibilities is in issue, and the fraudulent accusations may be a factor considered by the court in making the allocation of custodial responsibilities.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 12. Medical Support › §48-12-104. Use of National Medical Support Notice; Employer to Enroll Child and Withhold Premium

(a) All child support orders which include a provision for health care coverage of a child shall be enforced, where appropriate, through the use of the national medical support notice, as set forth in 42 U.S.C. §666 (a)(19) and 29 U.S.C. §1169 (a)(5)(C) et seq.
(b) Unless alternative coverage is permitted in any order by a court of competent jurisdiction, in any case in which a parent is required pursuant to a child support order to provide the health care coverage and the employer of the parent is known to the IV-D agency, the IV-D agency shall use the national medical support notice to give notice of the provision for the health care coverage of the child to the employer. The employer 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, and remit any amount withheld for the premium directly to the plan.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 12. Medical Support › §48-12-105. Employer's Obligation to Transfer Notice to Appropriate Plan

Within twenty business days after the date of receipt of the national medical support notice, the employer shall transfer the notice, excluding the severable employer withholding notice described in section 401 (b)(2)(C) of the Child Support Performance and Incentive Act of 1998, to the appropriate plan providing any health care coverage for which the child is eligible.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 12. Medical Support › §48-12-106. Notice Requirements for Certain Newly-Hired Employees

In any case in which the parent is a newly hired employee who is reported to the state directory of new hires pursuant to section 18-125 of this chapter, and if the Bureau for Child Support enforcement is currently providing services for this case, the agency shall issue, where appropriate, the national medical support notice, together with an income withholding notice issued pursuant to section 14-405 of this chapter, within two days after the date of the entry of the employee in the directory.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 12. Medical Support › §48-12-107. Notice Requirement Upon Termination of Parent

In any case in which the employment of the parent with any employer who received a national medical support notice is terminated, the employer is required to notify the IV-D agency of the termination, within fourteen days of the termination, and shall provide the Bureau for Child Support enforcement with the obligor's last known address at the time of termination.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 12. Medical Support › §48-12-108. Certain Liabilities of Parent for Contributions Under the Plan Subject to Enforcement; Exceptions

Any liability a parent may have for employee contributions required under the plan for enrollment of the child is subject to appropriate enforcement unless the parent contests the enforcement based upon a mistake of fact, except that if enforcement of both the full amount of cash child support and the full amount of medical support violates the application provisions of 15 U.S.C. §1673, Section 303(b) of the Consumer Credit Protection Act, then the current month's cash child support shall receive priority, and shall be deducted in full prior to any deduction being made for payment of either current medical support or health insurance premiums. If the employee contests the withholding in the manner prescribed within the notice, the employer must initiate withholding until such time as the employer receives notice that the contest is resolved.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 12. Medical Support › §48-12-110. Employer, Union to Notify IV-D Agency Within Forty Days of Receipt of Notice

Within forty days of receipt of a national medical support notice, the obligated parent's employer, multiemployer trust or union shall notify the IV-D agency with respect to whether coverage for the child is available, and if so, whether the child is covered under the plan, the effective date of the coverage and the name of the insurer.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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

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.
(3) Deduct from a parents adjusted gross income the reasonable monthly amount of a student loan payment actually being paid to the lending institution that originally issued the loan by a parent for a student loan debt owed in his or her own name and for his or her own educational expenses; provided that the total amount of the student loan payment deducted may not exceed 25 percent of the parents total gross income determined before the deduction. The family court shall have discretion to exclude all or a portion of the student loan deduction if the parent with the student loan debt is in child support arrears, if the parent is not current or is in arrears on the student loan payment, if the student loan is being paid by a third party and not the parent, or if the child is not receiving or expected to receive a financial benefit from the education associated with the student loan expenses incurred. If the student loan deduction is awarded:
(a) The parent shall have a duty to immediately disclose to the court, the BCSE, and any other party any changes in the monthly amount of the student loan payment, including any payment deferrals or student loan forgiveness.
(b) The court may require a parent to annually disclose to the court, the BCSE, and any other party a statement showing a history of student loan payments for the prior year.
(c) Failure to timely make the disclosures above may be a basis for the court to modify child support to exclude the student loan deduction, including retroactively to the first of the month following any unreported change.
Part III. Basic child support order.
2023 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.
2023 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.
2023 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.
2023 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 $35,000 per month, which is the highest amount of income considered in the table of monthly basic child support obligations set forth in 48-13-301 of this code, the basic child support obligation shall not be less than it would be based on a combined adjusted gross income of $35,000. The court may also compute the basic child support obligation for combined adjusted gross incomes above $35,000 by the following:
(1) One child $2,527 0.088 x combined adjusted gross income above $35,000 per month;
(2) Two children $3,719 0.129 x combined adjusted gross income above $35,000 per month;
(3) Three children $4,342 0.153 x combined adjusted gross income above $35,000 per month;
(4) Four children $4,850 0.169 x combined adjusted gross income above $35,000 per month;
(5) Five children $5,335 0.183 x combined adjusted gross income above $35,000 per month; and
(6) Six children $5,799 0.196 x combined adjusted gross income above $35,000 per month.
Part IV. Support in sole custody cases.
2023 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.
2023 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.
2023 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

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 PARENTING
IN THE FAMILY COURT OF __________ COUNTY, WEST VIRGINIA
CASE NO.____________
Mother: ______________ SS No.: _____________ Primary Custodial parent? [ ] Yes [ ] No
Father: ______________ SS No.: _____________ Primary Custodial parent? [ ] Yes [ ] No
Children
SSN
Date of Birth
Children
SSN
Date of Birth
PART I. CHILD SUPPORT ORDER
Mother
Father
Combined
1. 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
-
-
e. Minus student loan payment pursuant to W. Va. Code 48-13-202(3)
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 $2,600.)
10. Spendable Income
(0.80 x line 2 for payor parent only.)
11. Self Support Reserve
$997
$997
12. Income Available for Support
(Line 10 - line 11. If less than $50, then $50)
13. Adjusted Child Support Order
(Lesser of Line 9 and Line 12.)
Comments, calculations, or rebuttals to schedule or adjustments if payor parent directly pays extraordinary expenses.
PREPARED BY:
Date:
2023 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 $2,600 per month, an additional calculation in Worksheet A, Part II, 48-13-403 of this code, shall be made. This additional calculation sets the child support order at whichever is lower.
(1) Child support at the amount determined in Worksheet A, Part I, 48-13-403 of this code; or
(2) The difference between 80 percent of the payor parent's adjusted gross income and $997, or $50, whichever is more.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 13. Guidelines for Child Support Awards › §48-13-501. Extended Shared Parenting Adjustment

Child support for cases with extended shared parenting is calculated using Worksheet B, 48-13-502 of this code. The following method is used only for extended shared parenting: That is, in cases where each parent has the child for more than 127 days per year (35 percent).
(1) The basic child support obligation is multiplied by 1.6 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 parents 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 $0.
(2) Adjustments for each parents additional direct expenses on the child are made by apportioning the sum of the parents direct expenditures on the childs 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 his or her income share. In turn each parents net share of additional direct expenses is determined by subtracting the parents actual direct expenses on the childs 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 $0 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.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 13. Guidelines for Child Support Awards › §48-13-503. Split Physical Custody Adjustment

In cases with split physical custody, the court shall use Worksheet A as set forth in section 13-403 to calculate a separate child support order for each parent based on the number of children in that parent's custody. Instead of transferring the calculated orders between parents, the two orders are offset. The difference of the two orders is the child support order to be paid by the parent with the higher sole-parenting order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 13. Guidelines for Child Support Awards › §48-13-601. Adjustment for Child Care Tax Credit

§48-13-601. Adjustment for child care tax credit.
(a) The amount of the federal tax credit for child care expenses that can be realized by the custodial parent shall be approximated by deducting twenty-five percent from work-related child care costs, except that no such deduction shall be made for custodial parents with monthly gross incomes below the following amounts:
(1) One child--$1,150;
(2) Two children--$1,550;
(3) Three children--$1,750;
(4) Four children--$1,950;
(5) Five children--$2,150; and
(6) Six or more children--$2,350.
(b) Work-related child care costs net of any adjustment for the child care tax credit shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 13. Guidelines for Child Support Awards › §48-13-602. Adjustment for Child Health Care

(a) A child support order shall provide for the child's current and future medical needs by providing relief in accordance with the provisions of article 12-101, et seq., of this chapter.
(b) The payment of a premium to provide health insurance coverage on behalf of the children subject to the order is added to the basic child support obligation and divided between the parents in proportion to their adjusted gross income. The amount added to the basic child support obligation is the actual amount of the total insurance premium that is attributable to the number of children due support. If this amount is not available or cannot be verified, the total cost of the premium should be divided by the total number of persons covered by the policy. The cost per person derived from this calculation is multiplied by the number of children who are the subject of the order and who are covered under the policy.
(c) After the total child support obligation is calculated and divided between the parents in proportion to their adjusted gross income, the amount of the health insurance premium added to the basic child support obligation is deducted from the support obligor's share of the total child support obligation if the support obligor is actually paying the premium.
(d) Extraordinary medical expenses shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 13. Guidelines for Child Support Awards › §48-13-603. Adjustment for Obligor's Social Security Benefits Sent Directly to the Child; Receipt by Child of Supplemental Security Income

(a) If a proportion of the obligor's social security benefit is paid directly to the custodian of his or her dependents who are the subject of the child support order, the following adjustment shall be made. The total amount of the social security benefit which includes the amounts paid to the obligor and the obligee shall be counted as gross income to the obligor. In turn, the child support order will be calculated as described in sections 13-401 through 13-404. To arrive at the final child support amount, however, the amount of the social security benefits sent directly to the child's household will be subtracted from the child support order. If the child support order amount results in a negative amount it shall be set at zero.
(b) If a child is a recipient of disability payments as supplemental security income for aged, blind and disabled, under the provisions of 42 U.S.C. §1382, et seq., and if support furnished by an obligor would be considered unearned income that renders the child ineligible for disability payments or medical benefits, no child support order shall be entered for that child. If a support order is entered for the child's siblings or other persons in the household, the child shall be excluded from the calculation of support, and the amount of support for the child shall be set at zero.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 13. Guidelines for Child Support Awards › §48-13-701. Rebuttable Presumption That Child Support Award Is Correct

§48-13-701. Rebuttable presumption that child support award is correct.
The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia. The guidelines must be applied to all actions in which child support is being determined including temporary orders, interstate (URESA and UIFSA), domestic violence, foster care, divorce, nondissolution, public assistance, nonpublic assistance and support decrees arising despite nonmarriage of the parties. The guidelines must be used by the court as the basis for reviewing adequacy of child support levels in uncontested cases as well as contested hearings.