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Determining Child Support In West Virginia

When couples divorce or separate and there are children involved, our child support lawyers at Sammons Olivero & Paraschos in Huntington know and understand that one of the most important legal issues that will need to be determined is child support. We know that your concerns about your financial stability as you move forward with your life could be some of the most stressful unknowns. With more than 40 years of combined experience in the West Virginia family law court system, if you need a child support lawyer, our paternity and divorce attorneys will protect your best interests.

Establishing And Modifying Child Support

When it comes to child support, our family law attorneys can help no matter where you are in the process. Every family’s situation is different. If a baby was born out of wedlock, paternity might need to be established before child support can be requested. We represent clients in the following:

  • Paternity actions to establish or defend a father’s identity
  • Divorce proceedings that involve child custody, visitation and establishing child support
  • Assistance with enforcing child support obligations previously ordered by the court
  • Post-judgement modifications of child support obligations

As families move forward with their lives after divorce, circumstances can change. For example, former spouses can get remarried or find new jobs. All of these changes could be a reason to revisit child support that was ordered in the original divorce decree in a motion to modify the original order for child support.

Calculating Child Support In West Virginia

In the state of West Virginia, both parents are responsible for the support and care of their children. Child support is calculated by using the child support guidelines of West Virginia. The amount that a parent will have to pay or that a parent will receive will depend on the number of children and the following factors:

  • Which parent has custody, and which parent the child lives with most of the time
  • Each parent’s respective income, or imputed income
  • The expenses that are specific to each child
  • Other children and other child support obligations

A court will consider if the parenting plan utilizes basic shared parenting, in which a parent has a child overnight for less than 35% of the time, or extended shared parenting in which each parent has the child overnight for more than 35% of the time.

Once the different factors are considered, the total amount of child support is determined and each parent’s obligation is calculated based on the percentage of their obligation in proportion to their income. The court will always take extenuating circumstances into consideration.

Schedule A Consultation With A Huntington Child Support Lawyer

Our family law attorneys are available for initial consultations by appointment only. To schedule an initial appointment, call our office at 304-522-7730 or by sending an inquiry using our online contact form.