English
Español- Who can file for child support?
- How long will child support last?
- How is the amount of child support calculated?
- If I have more than one child, will my child support automatically be reduced as the children become adults?
- Can my child support order be changed?
- Can child support be ordered retroactively in West Virginia?
- What can I do if the other parent is not paying the ordered child support?
- I’m a victim of domestic violence. What can I do if I need to receive public assistance, but do not want to seek child support?
- Where can I find more information on child support?
Who can file for child support?
Any of the following people may file for child support in West Virginia:
- the custodial parent;
- the primary caretaker;
- the guardian of the child’s property; or
- the Bureau for Child Support Enforcement, on behalf of the state of West Virginia.1
1 W. Va. Code § 48-14-102
How long will child support last?
Usually, a parent must pay support until a child turns 18. However, a judge can order a parent to continue paying support until the child is 20 years old if the child:
- is not married;
- attends high school full time;
- is making substantial progress towards a diploma; and
- lives with a parent, guardian, or custodian.1
Or, if the child is physically or mentally disabled and cannot support him/herself, child support payments could continue beyond age 18 without proving any of the above.2
1 W. Va. Code § 48-11-103(a)
2 W. Va. Code §§ 48-13-702(b)(1); 48-11-103(b)
How is the amount of child support calculated?
The judge will use specific West Virginia child support guidelines, including a table of basic child support obligations, when figuring out the amount that should be paid. However, it is possible that the judge could stray from the guidelines if using them would be inappropriate in a particular case.3
The amount of the child support payments will depend on many factors. Some examples might include:
- the number of children;
- the amount of time the children spend with each parent;
- the gross income of both parents;
- the specific expenses involved in raising the children;
- how many other children each parent has; and
- other special circumstances.1
Parents will also be required to pay medical support for their children.2
The West Virginia Bureau for Child Support Enforcement has more information about how child support will be calculated, including worksheets and a link to a child support estimator.
1 See W. Va. Code §§ 48-13-403; 48-13-502
2 W. Va. Code § 48-12-102
3 W. Va. Code § 48-13-702
If I have more than one child, will my child support automatically be reduced as the children become adults?
If your child support order sets out a specific amount per child, per payment, then you would not have to continue to pay for a child that is no longer eligible for support. Otherwise, you will continue to owe the same amount until a judge changes the order.1 See Can my child support order be changed? for more information on modification.
1 W. Va. Code § 48-11-102(c); see also Bureau for Child Support Enforcement website
Can my child support order be changed?
A motion to change (modify) child support may be filed by any of the following people:
- a custodial parent;
- any lawful custodian or guardian;
- a parent or person who is ordered to pay support; or
- the Bureau for Child Support Enforcement (BCSE).1
A judge can modify the order if there has been a substantial change in circumstances, which could include some of the following things:
- it has been at least three years since the entry of the most recent order or review, and the amount the guidelines would now order is more than ten percent different than the amount currently being paid;2
- a parent is incarcerated for six months or more;3
- there has been a temporary or permanent change in physical custody of the child, which the court has not ordered;
- there are increased needs of the child;
- there is a changed financial condition, which includes increases or decreases in the resources available to either parent;
- there has been an application for, or receipt of, any form of public assistance payments, unemployment compensation, or workers’ compensation; or
- a parent earns at least 15% more or less than when the order was issued, and this would change the amount of support ordered under the guidelines.4
In addition, BCSE will notify parents at least once every three years of their right to request a review of a child support order. Once BCSE completes the review, they might recommend that a modification petition be filed in court.5
1 W. Va. Code § 48-11-105(a)
2 W. Va. Code § 48-18-126(a)(1)
3 W. Va. Code § 48-18-202(b)
4 W. Va. Code § 48-18-126(d)
5 W. Va. Code § 48-18-126(b)
Can child support be ordered retroactively in West Virginia?
West Virginia judges are allowed to order “reimbursement support” as part of a child support or paternity case. Reimbursement support is child support for a period of time before the child support order began. The court can order reimbursement support for up to three years before the respondent was served with notice that a case for support or paternity had been filed.1
However, if the child is more than three years old, reimbursement support can be ordered as far back as the date of the child’s birth if the petitioning parent can prove one of the following things:
- the respondent parent had actual knowledge that he was believed to be the child’s father;
- the respondent parent purposefully (deliberately) hid his/her location or avoided being served; or
- the respondent parent deliberately lied about important things that would have allowed the petitioning parent to move forward with his/her case.1
Note: The supporting parent can also be ordered to pay medical expenses for things like pregnancy, childbirth, and genetic testing. The three-year limit for reimbursement support does not apply to these types of medical expenses.2
1 W. Va. Code § 48-24-104(c), (g)
2 W. Va. Code § 48-24-104(e), (f)
What can I do if the other parent is not paying the ordered child support?
The West Virginia Bureau for Child Support Enforcement (BCSE) is the agency in charge of enforcing court-ordered child support. You can contact them for more information on what steps to take next.
If you’d prefer to try to enforce the order yourself without going through BCSE, you can file an enforcement petition with the court. You may want to talk to an attorney before you file to help you decide what to do. You can find legal referrals on our Finding a Lawyer page.
I’m a victim of domestic violence. What can I do if I need to receive public assistance, but do not want to seek child support?
If you or your child gets public assistance, the state will automatically seek child support from the other parent. However, if you are afraid that you or your child might be harmed by the other parent if a child support case is filed, you can ask for a “good cause exception” to this rule. For more information on this exception, visit the Legal Aid of West Virginia website or contact a lawyer.
WomensLaw.org is unrelated to the above organization and cannot vouch for the accuracy of its website. This link is for your information only.
Where can I find more information on child support?
For additional information about child support in West Virginia, you can read the Parent’s Guide to Child Support, published by the West Virginia Department of Human Services.
In addition, Legal Aid of West Virginia has articles on what can happen if a parent is behind on child support, how to make sure a child support order is followed, and changing or modifying a child support order.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. These links are for your information only.
