The Issue

Child support laws in WV can be tricky. Essentially, a child is legally entitled to live at the same financial level as one or both of their parents. Both parents’ income is taken into account when determining what financial level that may be. However, the definition of someone’s “financial level” is often left up to interpretation. Therefore, things can get complicated. Read on to find out what West Virginia state law has to say about child support. 

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The Facts

WV state law dictates that a child live at the same financial level as their “natural parents”. Therefore, if one parent leaves or is not a member of the household, they will be expected to make up for the loss of income. In order to determine the amount of child support needed, the court will take many factors into consideration. For one, the parents’ joint monthly income is taken into account. Also, any extra costs (such as healthcare or childcare) is taken into consideration. Finally, the number of children being provided for by the parent responsible for paying child support is taken into account. Ultimately, the amount of child support that is due is the “basic child support obligation” plus a share of any outstanding health or childcare costs.  However, if a parent refuses to pay child support, they will be served by a court of law. A default order of entry into someone’s home can be requested if that individual has refused to pay child support. Furthermore, an automatic withholding of income may occur if a party fails to pay their fair share of child support costs. A family court judge oversees these rulings. Also, in the case of an obligor receiving social security or other entitlements, child support may come from these programs directly. The obligor may not be asked to pay out of pocket if the child they are supporting receives a share of their benefits each month. In other words, if your child claims some of your entitlement then you may not be asked to pay any additional child support. Other exceptions and exemptions may include federal tax credits, joint physical custody, and so on.

What You Can Do

If you or someone you know is struggling to collect child support from an ex-spouse or partner, contact our legal professionals at Taylor & Hinkle. Here at Taylor & Hinkle we can provide effective legal counsel and help you collect any outstanding child support. We can also assist you in coming up with a child support agreement between you and your ex-spouse or partner. Do it for not only yourself, but for your child.