A court in West Virginia uses several criteria to make a proper child support order during a child support hearing. In West Virginia, parents are obligated to support a minor child until the child reaches age 18. Support may continue beyond age 18 if a child is enrolled in a secondary school and progressing towards a diploma. However, all support obligations terminate when a child reaches age 20. Here is some more information about elements considered in a West Virginia child support case:
Child Support Factors
In West Virginia, child support is calculated by combining both parents adjusted gross incomes. A West Virginia court will consider the following factors when ordering child support:
- Custodial arrangements (If parents are sharing custody, it will affect the child support obligation.)
- Whether the child receives Supplemental Security Income (SSI)
- Whether a portion of the parent's social security benefits is sent directly to the child
A West Virginia court will consider the following factors to deviate from the normal child support formula:
- Special needs of the child or the parent obligated to pay child support
- Long distance visitation costs
- Needs of additional children for whom support is owed
- Educational expenses for the child or the child's parent
- Whether the child resides with a third party
- Whether there are more than six children in a family
- Whether the total amount of child support, spousal support, and child care expenses reduces a parent's income to below the poverty line standard or whether deviating from the child support guidelines will reduce a child's household income to below poverty level
Non-Income Based Child Support Factors
In addition to child support payments, a West Virginia court may order a parent to:
- Contribute to a child's extraordinary medical and dental expenses that are not covered by insurance
- Contribute to unreimbursed child care expenses
- Contribute to any other extraordinary expenses agreed to by the parents or ordered by the court
- Add a child to a parent's health insurance
For more information about factors considered in a child support order in West Virginia, speak with a qualified attorney in West Virginia or refer to the West Virginia Code.