How West Virginia calculates child support
- Each parent’s monthly gross income is reduced by child support and maintenance they pay under earlier orders and by qualifying student loan payments; half of average overtime is added.
- The parents’ combined adjusted gross income and the number of children give the basic obligation from the table in §48-13-301 (in effect August 8, 2023). The table is in $50 steps and gives no rule for incomes between rows, so for those incomes the calculator shows both table amounts and points you to the worksheet.
- Child care (75% of the cost, for the federal tax credit), the children’s health insurance premium and extraordinary medical and other expenses are added and shared by income. The paying parent subtracts what they pay directly (Worksheet A).
- A paying parent with adjusted gross income below $2,600 a month pays no more than 80% of that income minus a $997 self-support reserve, and at least $50.
- When each parent has the children more than 127 overnights a year, the basic obligation is multiplied by 1.6, shared by income and by overnights, and offset (Worksheet B). With split custody, two Worksheet A orders are offset.
What the calculator asks
- How many children is the support for?
- How are overnights with the children divided?
- How many overnights a year are the children with you?
- How many of the children live with you?
- Your gross income per month, not counting overtime
- Average monthly overtime pay you earned over the past 36 months
- Child support you pay each month under an earlier order
- Spousal support (maintenance) you pay each month
- Student loan payment you pay each month
- The other parent’s gross income per month, not counting overtime
- Average monthly overtime pay the other parent earned over the past 36 months
- Child support the other parent pays each month under an earlier order
- Spousal support (maintenance) the other parent pays each month
- Student loan payment the other parent pays each month
- Does either parent claim the additional dependents deduction for other children they support?
- Work-related child care you pay each month
- Health insurance premium you pay for these children each month
- Extraordinary uninsured medical expenses you pay each month
- Other extraordinary expenses you pay each month
- Work-related child care the other parent pays each month
- Health insurance premium the other parent pays for these children each month
- Extraordinary uninsured medical expenses the other parent pays each month
- Other extraordinary expenses the other parent pays each month
- Is part of a parent’s Social Security benefit paid directly to the children’s household?
It never asks for names, Social Security numbers or account numbers, and your answers are not saved.
What the estimate leaves out
- Combined incomes between two $50 rows of the table, below $550 or above $35,000 a month, and more than six children
- The additional dependents deduction for other children a parent supports
- Social Security benefits paid to the children because of the paying parent’s record
- Extraordinary adjustments (credits) agreed to by the parents or ordered by the court
- The court’s discretion to exclude voluntary overtime or student loan payments
- Deviations the court may make (§48-13-702)
When a situation is outside what the calculator covers, it says so and points you to the official worksheet instead of guessing.
Official sources
- W. Va. Code §48-13-301, table of monthly basic child support obligations (HB 112, in effect August 8, 2023)
- W. Va. Code §48-13-403, Worksheet A (basic shared parenting)
- W. Va. Code §48-13-404, ability to pay calculation ($997 self-support reserve)
- W. Va. Code §48-13-501 and §48-13-502, extended shared parenting and Worksheet B
- W. Va. Code §48-13-503, split physical custody
- W. Va. Code §48-13-601 and §48-13-602, child care tax credit and health care adjustments
- W. Va. Code §48-1-228, gross income (overtime)
- Enrolled House Bill 112, 2023 First Extraordinary Session
West Virginia Worksheet A (§48-13-403) and Worksheet B (§48-13-502) →
Ready to estimate? The calculator shows each worksheet line so you can check it against the official form.
Open the West Virginia calculator →An estimate from the published guideline formula, not a prediction of a court order. The official court worksheet and the court’s decision control. General information, not legal advice. LawCat is not a law firm.