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Custodial parents, non-custodial parents and individuals and agencies with physical custody of a child may apply for child support benefits. You can apply for help obtaining child support through your local BCSE county office. The telephone numbers for county BCSE offices can be found in telephone directories, usually under the State or county social services agency, or on this website by visiting the ‘ Find Local Office ‘ tab on the homepage and selecting the county in which you live.
Whether establishing paternity, finding a non-custodial parent, establishing or enforcing a support order, the child support office must have enough information to work on your case effectively.
All information you provide will be treated in confidence. The more details you provide, the easier it will be to process your case and to collect child support payments for your children. Bring as much as you can of the following information and documents to the BCSE office. This will help the BCSE locate the parent, establish paternity, and establish and enforce your child support order.
Assignment of support rights means that when you receive public assistance from the State of West Virginia, all support, including arrears unpaid back support , collected for the obligee by the BCSE is kept by the State IV-A agency TANF that is providing you with the public assistance.
The amount of your support that may be kept by the State may not exceed the total amount of public assistance TANF you receive. If you receive public assistance, then the child support collected by the BCSE will be kept by the State to replace the monies the State is paying you. In other words, you will not be able to receive cash assistance and the child support payments.
The child support payments go to the State to replace the monies that the State has been giving the obligee in the form of cash assistance. It is the job of the BCSE to locate the non-custodial parent of the child, establish paternity and support, enforce the child support and collect the debt owed to the State.
You can get assistance from the TANF program if you are trying to help find the non-custodial parent. Your caseworker will tell you what information they will need you to provide to get assistance.
If you apply for services, the BCSE will try to find the non-custodial parent to establish or enforce a child support obligation. Be sure to give your caseworker all the information you have that might help find the parent. There are safeguards in place to protect you so that your personal information is not released to anyone who is not authorized to view it. An interpreter is used during the conversation between staff and the individual. State Agency Directory Online Services.
Change Text Size. Bureau for Child Support Enforcement. Application Privacy Out-of-State Agencies. Who can apply for child support benefits? Information about the non-custodial parent Name, address and social security number Name and address of current or recent employer Names of friends and relatives, names of organizations to which he or she might belong Information about his or her income and assets i.
West Virginia Child Support Calculator | AllLaw.
Usually, the parent receiving payments is the one who the child lives with most of the time. It’s assumed that the receiving parent already pays costs related to the child on a daily basis. The paying parent, however, doesn’t pay the total child support amount calculated under the guidelines. Instead, each parent is responsible for a percentage of the total amount, in proportion to their income.
So the parent who has more income pays the higher percentage. If the child lives primarily with Parent A the custodial parent , and because Parent A has the smaller income, that parent will be receiving child support from Parent B the non-custodial parent. Note also that child support orders will address providing health insurance for the child.
Additionally, the court will add to the basic child support obligation any unreimbursed child health care expenses, work-related child care expenses, and any other extraordinary expenses agreed to by the parents or ordered by the court.
These costs are normally pro rated between the parents, based on income. To find out what your percentage of child support will be, you must know the gross income and adjusted gross income of both parents.
Gross income is all earned and unearned income. This includes wages or salary, commissions, bonuses, tips, and profit sharing. It can also be interest earned on a particular asset a savings account for example , business expense accounts, and stock dividends.
Even if you haven’t earned a paycheck for a while, it’s likely you still have gross income, such as social security benefits, unemployment benefits, workers’ compensation, or spousal support alimony received. Depending on the circumstances, the court could also include severance pay, and gifts and prizes. A court might look at other income sources as well. When deciding what income will be included, a court will look at whether this money would have been available to help raise the child if the family had stayed together or, in cases involving a birth out of marriage, if the parents and child had formed a household.
Adjusted gross income is your gross income minus any previously ordered child support, spousal support alimony , or separate maintenance. Once you know the adjusted gross income for both parents, you will use a mandatory worksheet to find your specific amount due. If a court finds that a parent isn’t earning to capacity, it can attribute impute income to that parent.
In other words, the court can base that parent’s child support obligation on what the parent should be earning, rather than actual current income. If, for some reason, the court is unable to obtain needed information on the parent’s work history, it can, at the very least, base attributed income on full-time employment at forty hours per week at the federal minimum wage in effect at the time the support obligation is established.
Note that in order to attribute income, the court doesn’t have to find that a parent’s income deficiency was motivated by a desire to evade a child support obligation. Of course, there may very well be legitimate reasons for a parent’s not earning to capacity. The law recognizes this, and indicates that income shouldn’t be attributed if any of the following conditions exist:. The court may also attribute income to a parent’s non-performing or under-performing assets other than the parent’s primary residence.
Assets may be considered to be non-performing or under-performing to the extent they don’t produce income at a rate equivalent to the current six-month certificate of deposit rate, or such other rate that the court determines is reasonable.
West Virginia’s child support guidelines are simply a formula. You plug in your number of children and both parents’ adjusted gross income to come up with the basic child support amount. It would cause less math-induced anxiety, perhaps, if the calculations ended there, but the result wouldn’t necessarily be fair. To arrive at an amount that accommodates the particulars of each parent’s financial life and the child’s needs, a court will consider other factors.
To assist you in calculating child support, West Virginia provides worksheets. These aren’t just an accommodation—you’re required to use them, even if both parents settle on a child support amount between themselves. You also use Worksheet A in cases of “split custody”. Split custody means the parents have two or more children, and each parent has primary custody of at least one of them.
For example, mom has primary custody of the older child and dad has primary custody of the younger child. In those cases, the court will make two separate child support orders—one for each parent. The court then compares the two orders, and if one parent owes more child support than the other, that parent pays the difference between the two. With this scenario, you’d calculate child support using Worksheet B.
You can find the basic child support schedule here. There’s a presumption that the amount determined by the guidelines is the right amount.
However, you can try to rebut that presumption and convince a court to either reduce or increase the amount of child support. To be successful, you’ll have to show that the support obligation under the guidelines is unjust or inappropriate given the child’s needs or either parent’s circumstances.
You might be wondering if there are exceptions for parents with either lower or much higher income. To find out what the adjusted amount might be, use Worksheet A and fill in both Part 1 and Part 2. Most child support orders call for payments to be made through income withholding. The BCSE can apply withholding to a variety of other sources of income, such as workers’ compensation, unemployment compensation, pensions or annuities, and to Social Security for certain benefits.
If the court orders the BCSE not to collect by way of income withholding, you can mail a check or money order to the agency. Provisions are also in place for you to pay by credit card or e-check. If you receive child support, you can opt to have the BCSE direct deposit your support payment into your bank account.
In lieu of that, they’ll issue you a debit card, and will apply the paid support amount to that card each month. If you don’t have an income withholding order, then you can accept payment via check, bank transfer, or using payment apps such as Venmo.
Once a child support order is in place, either parent can ask to change it at any time. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer. Market Your Law Firm. Lawyer Directory. Call us at 1 The calculator below will estimate your monthly child support payment based on West Virginia’s child support guidelines. Disclaimer: Please remember that these calculators are for informational and educational purposes only.
The amount of child support a court will order for any particular case may be different from the amount estimated by the calculator. For the most part, these calculators assume that all of the children at issue will primarily live with one parent. They are not intended to estimate child support for joint physical custody or split custody arrangements.
These calculators do not take into account any possible adjustments for children who are not subject to the custody order, but who are living with one of the parents.
Finally, these calculators may be based on older or outdated state guidelines or calculations and may not take into consideration state or federal tax implications on income. These and many other factors can affect a child support order entered by a court. West Virginia Child Support Calculator.
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West virginia child support.Child Support Offices in West Virginia
Contact family law attorney regarding child support concerns at Lyne Ranson Law Offices, PLLC in Charleston, West Virginia. We provide exceptional and. § Who may bring action for child support order. § Venue for action for child support order. § No information is available for this page.
