General
Citation:
Last Updated:
Authority: Statute
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 1990
Guidelines Responsibility:
Guidelines Approval:
Last Guidelines Review ( )
Previous Guidelines Review ( )
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Base: Gross
Income Measure:
Frequency:
Children Categories:
Minimum Income Bracket:
Maximum Income Bracket:
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living:
Expenditures Measurement:
Medical Expenses:
Parenting Time:
Poverty Level:
Price Level:
Subsequent Children:
Tax assumptions:
Low-Income1
SSR/LI Adjustment Amt: $500
Discretionary: No
SSR/LI Adjustment Application: If obligator’s adjusted monthly income less than $1,550, there is a worksheet formula that should be used. Formula includes deduction of $550 SSR
Deviation Criteria: N/A
Threshold Income: N/A
Limitations: N/A
Minimum Child Support Amount: $50/month or discretionary amount set by Court.
Limitations on Minimum Child Support Amount: If combined adjusted gross income is below $550/month, minimum amount applies
Notes: N/A
Deviation Factors
Medical Expenses
Ordinary:
Extraordinary:
Childcare Expenses
Added to Basic Child Support Obligation
Education Expenses
Added to Basic Child Support Obligation
Modification
Variance in child support at least 15%
Termination5
Age of Majority: 18 years of age. May continue past 18 if the child is a full time student in a secondary education or vocational program.
Ends: Majority
Statute: W. Va. Code §48-11-103
College Support beyond Age of Majority: No duty of college support imposed
Exception for Adults with Disabilities:
Criminal Penalties for Nonpayment3
Source: Citation: W.Va. Code § 61-5-29
Crime: Misdemeanor;
Maximum Penalty: 1 year, $100-$1,000;
Interest and Arrears4
Arrears: Yes
Summary: Since Jul. 1, 2008: 5% per annum simple interest Jul. 1, 1995, through June 30, 2008: 10% per annum simple interest
Statute: W.Va. Code § 48-1-302 (a) Notwithstanding any other provisions of the code, if an obligation to pay interest arises under this chapter, the rate of interest is 5% per annum and proportionate thereto for a greater or lesser sum, or for a longer or shorter time. Interest awarded shall only be simple interest and nothing in this section may be construed to permit awarding of compound interest. Interest accrues only upon the outstanding principal of such obligation.
License Restrictions for failing to pay Child Support2
Citation:
Type:
Threshold:
Reinstatement:
State Contact
Name: Ms. Carla Harper
Title: Program Manager
Email: carla.j.harper@wv.gov
Phone Number: (304) 558-3780
Address: 350 Capitol Street, Room 147, Charleston, WV 25301
Links
Child Support Guidelines
Child Support Calculator
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx