Add Formulas and Calculations Legal West Virginia Child Support Forms For Free

West Virginia ranks 7th among states where parents who receive child support rely on it most, with parents receiving an average of $5,354 in child support. This makes up 14.4% of their income. Nationwide, 7.4% of U.S. households with children younger than 18 have someone receiving child support.

If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C. § 228(a)(3)).

Now, judges could go along with agreements with regards to child support, but it's really going to vary from judge to judge as to whether that's acceptable. Often in West Virginia, it's very customary in family court, even when there is some sort of agreement, that the court still applies the child support formula.

West Virginia family courts use formulas that consider both parents' incomes and the needs of the child to arrive at a monthly child support amount. A parenting time adjustment is given based on shared custody. Sole physical custody: The total income from the nonresidential parent is put into the formula.

West Virginia courts have long used the “best interest of the child” standard when determining custody, and that hasn't changed. Still, the new law instructs judges to presume that a 50-50 split in physical custody is in the child's best interest.

The most important components which go into each child support calculation are the monthly gross (not net) income of each party and the number of children for whom support is payable.

Either party, the obligee or the obligor, have the right to ask the BCSE to review a child support order three years after the order became effective. Either party can request a review of the order if it has been in effect less than three years if substantial change in circumstances can be shown.

The amount of support depends on several factors: the number of children, the amount of time the child(ren) spends with each parent, the gross income of both parents, the specific expenses involved in raising the child(ren), other child(ren) of both parents, and other extenuating circumstances.

Under West Virginia law, an employer is required to withhold the amount stated in the Income Withholding Notice sent by the BCSE, provided that it does not exceed the following percentages of your net income: 40% if you are supporting a spouse or dependent child; 50% if you are not.