The People’s Lawyer

How are child support payments decided in West Virginia?

by | Mar 18, 2019 | Uncategorized

Going through a divorce is an emotional time, especially for children. They may not understand why you are splitting up with your spouse, and they are likely unhappy about it. Your children may even blame themselves.

You want to do all you can to protect your kids. You are trying to their routines as much the same as possible. Caring for your children after the divorce may involve a child support payment from your soon-to-be ex. You may be wondering how child support payments are determined in West Virginia.

Children receive the same level of care

According to West Virginia code, the court wants children to maintain their standard of living as if their parents were still married. In other words, children are not given the bare minimum of care. They receive the treatment they are accustomed to.

As with most other states, West Virginia believes both parents should have a role a child’s life. However, one parent is usually viewed as the primary caregiver. This parent may receive child support payments. These payments are based on a calculation that includes several factors.

Both parents’ incomes are used to calculate the payment

To calculate child support, the income of both parents is combined. Your combined income and the number of children is used to determine the child support payment. However, the other parent is not responsible for the entire total. He or she pays a percentage equivalent to his or her income. So, if the other parent makes up 60 percent of your combined gross income, he or she must only pay 60 percent of the child support payment total.

Additional issues may be considered

Other factors may also affect child support payments. If your children have specific needs that must be addressed, the court considers those as well. These may include health care needs, mental health needs and educational expenses.

You can try to calculate child support payments on your own, but you may find there are questions about what should be included in your gross income or concerns about child custody. An experienced family law attorney can help you with these concerns.