How Child Support Is Calculated in West Virginia

West Virginia uses the income shares formula. Both parents' adjusted gross income is used, and the total child support obligation is divided between them in proportion to their incomes. The amount depends on the number of children, the time the children spend with each parent, both parents' gross income, child-related expenses and other children of either parent. The guideline amount is presumed correct. The Bureau for Child Support Enforcement links to the statutory worksheets but not to an official state calculator.

Parents can apply for services from the Bureau for Child Support Enforcement (BCSE) online through the WV PATH portal (an email address, PATH account and Social Security number are needed), or by completing a paper application, signing it, and giving it to the nearest child support office. BCSE states there is no fee for child support services.

Child support normally ends when the child turns 18. A support order must continue payments past 18 while the child is unmarried, lives with a parent, guardian or custodian, and is enrolled full time in a secondary school or vocational program, but not past the child's 20th birthday. The statute leaves in place existing case law on support past 18 for a child with a disability.

A court may modify a support order when there is a substantial change in circumstances; if applying the guidelines would produce an amount more than 15% different from the current order, that counts as a substantial change. A motion can be filed by either parent, another lawful custodian or guardian, or BCSE, and the Supreme Court of Appeals provides a standard petition form available from circuit and family court clerks. Through BCSE, either party can ask for a review three years after the order took effect, or sooner if a substantial change in circumstances can be shown, at the local BCSE office in the county handling the case. Only a judge's order can reduce or stop the payments.

Support orders include mandatory wage withholding, and unpaid support can be collected through income withholding. Unpaid support can become a lien on real property by operation of law. BCSE must send notice of possible action against a parent's license (denial, nonrenewal, suspension or restriction) when the arrears equal at least six months of support, when court-ordered medical support has gone unpaid for six months, or when the parent has ignored subpoenas or warrants in a support or paternity case. A court can also hold a parent in contempt for willful failure or refusal to pay support, which can lead to jail.

West Virginia's child support agency is the Bureau for Child Support Enforcement (BCSE). It establishes paternity, establishes child support, and enforces child and spousal support. Apply through the BCSE Application for Services page; payments can be made through the Make a Payment page, and existing payments can be checked online. Customer Service Unit: 1-800-249-3778 or 304-558-4665 (8:30 a.m. to 5 p.m., Monday through Friday).

The West Virginia Bureau for Child Support Enforcement (BCSE) explains that the state uses the Income Shares Support Formula (West Virginia Code chapter 48, article 13) to set child support, based on the number of children, time spent with each parent, both parents' gross income, child-rearing expenses, other children and other circumstances. BCSE links the official Basic Shared Parenting Worksheet (W. Va. Code 48-13-401) and Extended Shared Parenting Worksheet (48-13-502). The next review of the guidelines is scheduled for 2026.