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West Virginia Child Support Laws

West Virginia child support is based upon official guidelines for the calculation of child support. The amount of child support arrived at under the West Virginia guidelines is presumed to be correct, unless it is shown that the amount is unjust or inappropriate. In determining support, a West Virginia court will also consider the following factors:

• whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment;

• the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity;

• the duration of the marriage and the actual period of cohabitation as husband and wife;

• the comparative financial resources of the spouses, including their comparative earning abilities in the labor market;

• the needs and obligations of each spouse;

• the tax consequences to each spouse;

• the age of the spouses;

• the physical and emotional conditions of the spouses;

• the vocational skills and employability of the spouse seeking support and maintenance;

• any custodial responsibilities;

• the educational level of each spouse at the time of the marriage and at the time the action for divorce is commenced;

• the cost of education of minor children and of health care for each spouse and the minor children;

• the distribution of marital property;

• any legal obligations of the spouses to support themselves or others; and

• any other factor the court deems just and equitable.

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