Use this West Virginia child support law to learn about
your child support rights and responsibilites.
How is West Virginia child support determined?
In West Virginia, either parent may be ordered to make periodic
child support payments and provide health insurance coverage for the child. All
relevant factors will be considered.
There are official West Virginia Child Support guidelines,
designed to be in the best interests of the child, that the courts use to help
determine the correct amount of child support. The guidelines will be followed,
unless the parents have agreed to a child support amount approved by the
courts, or the courts determine the guidelines are unjust for a particular
case.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support if that child marries,
is removed from disability status by a court order, or the child dies.
Upon finding good cause, a court may order that child support
payments continue beyond the age of 18 if the child is unmarried, residing with
a parent and is enrolled as a full-time student in a secondary or vocational
program and making substantial progress towards a diploma. In this case,
payments will not extend past the date that the child reaches the age of 20.
West Virginia's custody guidelines:
In West Virginia, either parent may be granted custody of the
child. The is a presumption in favor of the parent who has been the primary
caretaker for the child. The statute has no specific considerations listed.
Also, West Virginia does not have a statutory provision for joint custody.
West Virginia's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. If it is not, then the courts may
require either parent to provide health insurance coverage for the child.
Usually, if a reasonable medical insurance plan is available
through one of the parent’s employment, they are required to cover their
child on it.
How permanent are the provisions for West Virginia child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect a substantial change in
circumstances.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states, including West Virginia, have a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. In fact, in West Virginia, every divorce decree
involving children has a provision for the withholding of child support. The
payments are withheld much like income tax is withheld from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
While joint custody is now widely recognized by parents, courts
and state legislatures as the preferred parenting plan in much of the nation,
West Virginia does not have a statutory provision for joint custody. Usually,
joint custody is a 50-50 sharing of parental responsibility for all decisions
relating to the child, but it isn’t always a 50-50 sharing of time with
the child. One parent is usually named the primary joint custodian and the
other is allowed visitation, though they do share the decision-making
authority.
How West Virginia determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. When the courts have not
awarded the parents with the equal-time alternating residential care provision,
and the parents cannot agree to exactly when visitation will occur, the
standard visitation schedule accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
Step-by-Step Self-help Book for Dealing with Unfair and Illegal Debt Collection Tactics!
Does your heart stop every time the phone rings? Are you afraid to answer the phone at home and at work? Do you dread opening the mail? Are you being called by debt collectors who use abusive language to bully and intimidate you?
Stop the Harassment Now! With this self-help book by your side, you'll be equipped to handle all kinds of debt collection issue from nasty phone calls to stopping harassment. Arm yourself with over 130 pages of effective strategies for stopping debt collectors who use illegal, unethical and unfair collection tactics. If you're dealing with any type of debt collection issue, then you need this self-help book! Learn more...
If you've fallen behind on your
bills, especially credit cards, don't panic. You may have several good options
available to you. Your success starts by assessing your current situation and
finding a trusted service provider that is licensed in your state.
How iDebtAssistance.com Works:
Find out if bankruptcy is
right for you: FREE Legal
Evaluation
Rich's Enterprises, L.L.C.,
Prattville Alabama
Legal Disclaimer |
Sitemap | Search
Site
Child support home
>> Child Support Statute of
Limitations >> West Virginia child support law |