West Virginia Child Support Guidelines Worksheet
Sponsored Links
The West Virginia child support guidelines worksheet is used by residents to help estimate their payment by using the person’s income and the amount of children. The state of West Virginia’s goal is to continue to create and maintain relationships between the parents that would best serve the children that they are parenting. It’s the belief of the state that parents should reach beyond the chaos of divorce and/or separation to immediately begin creating a foundation that their children will feel stable living in until they are able to make their own way as adults. The state would like to set a stage, along with parents that will provide children with, at the very least, the basic tools through childhood that will provide a solid feeling of security and stability. Both parents will be responsible to support their children financially and share with their children the same level of living that the parents experience whether they are married or not.
Sponsored Links
How Child Support is Determined
Judges in West Virginia are to presume that there will be a basic child support order in the beginning. They presume that there will be a custodial parent who remains in the home and cares for the children on a daily basis and a non-custodial parent who is no longer in the home and therefore never has or will no longer take part in the daily care of the children. Since the custodial parent provides around the clock care and already provides food, clothing and housing, a Judge should presume that the custodial parent is already paying at or above the percentage that will be calculated in any child support order. The non-custodial parent will be the parent that will make payments for the care of their children through the courts to their children. West Virginia’s parents may take part in the child support decision making process as long as it remains a possibility and both parents continue amicable negotiations.
Should parents choose to estimate what a Judge may order for the support of their children there will be specific guidelines and calculations that will need to be applied. You may use a calculator, to calculate an estimated basic child support order. There is no real way of knowing what a Judge will order until you’re before a judge and the appropriate calculations have been achieved. Each of you will also need to complete required forms for filing. This information is extensive and can be difficult to understand. You may find it necessary to consult with a family law attorney for assistance.
Calculating
To properly calculate your information, each parent will need to gather all income documents. Some examples would be, but will not be limited to: salaries, wages, payments received from business ownership, rent from real property, self-employment income, disability payments, worker’s compensation, pension payments, veteran’s pay, unemployment, income received from partnerships, trust funds, dividends, social security income, royalties, annuities, commissions or bonuses, alimony received from a previous marriage
Each parent would then need to gather any evidence of possible deductibles allowed by the state. Some examples would be but not limited to: state or federal tax payments, employee payroll expenses, health insurance payments, mandatory retirement payments, mandatory union dues, child care expenses (work related), self-employment expenses, military subsidies, payments that may not be covered by health insurance, child support payments to children of a previous marriage or relationship are some considerable deductibles. There are other possible deductibles that may be considered once they are presented to the court. If the court finds that deviations are necessary, the court will be required to put an explanation of the changes into writing for the record.
Once your child support order is in place, you may find that at some point your order may need to be modified to accommodate the children’s needs. The state will be willing to hear either parent’s case after three years from the last order or since the last modification, unless there has been a substantial change in circumstances since the last order was established. In order for a modification to be heard, you will need to file with the court a “motion to modify,” at which point you will be provided a date to appear in court to review your particular case.
The state of West Virginia will not tolerate the actions of any parent who would voluntarily quit their job or become underemployed as an avenue to stop or lower child support payments for their children. If evidence shows that this is occurring, a judge may re-evaluate the case by reviewing the parent’s current earning potential, education, training, current job market and may then decide to impute income to minimum wage or to the amount of the current child support order.
In the state of West Virginia child support payments end once the child turns 18 years of age or until the age of 19 years if a child is still enrolled in secondary education. As long as the parent is not in arrears, all child support ends at age 20. There are often special considerations for children and adult children with disabilities that will be unable to become self-reliant.
Enforcement
In the state of West Virginia, if child support enforcement is required due to non-compliance, a hearing must be scheduled for both parties to appear. You should contact the West Virginia Bureau for Child Support Enforcement for further assistance. If you feel that you may require a better understanding of the laws or focused representation, you may wish to contact a family law attorney to represent you with your particular case and to avoid delays.
Source
Sponsored Links