WV uses income shares per §48-13-702. Adjusted gross income (gross minus taxes/FICA). Schedule: $550-$35,000/mo. Above $35,000: $2,527 + 8.8% of excess.
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West Virginia calculates child support using the Income shares using adjusted gross income established under WV Code §48-13-702. This is a statutory formula that leaves limited room for judicial discretion on the base calculation amount, ensuring consistency and predictability for families across the state.
Total obligation from schedule x obligor AGI share %.
The calculation begins with determining each parent's net disposable income, which includes virtually all sources of income minus taxes, mandatory payroll deductions, and certain hardship deductions. The court then applies the statutory formula using the time each parent has primary physical responsibility for the children and the applicable income allocation brackets.
Beyond the base formula amount, West Virginiarequires additional contributions for mandatory add-on expenses. These typically include childcare costs necessary for the custodial parent's employment or education, uninsured healthcare expenses for the children, and in some cases, educational and travel costs. These add-ons are split between parents in proportion to their respective incomes.
Primary statute: WV Code §48-13-702
Income shares using adjusted gross income.
Schedule: $550-$35,000/mo combined AGI.
Above $35,000: $2,527 + 8.8% of excess.
Rebuttable presumption; deviation requires written findings.
Uses adjusted gross income (not net or gross).
Irreconcilable differences requires BOTH spouses' consent.
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Residency Requirement
Married in WV: no minimum. Married elsewhere: 1 year.
Mandatory Waiting Period
No mandatory waiting period
No-Fault Ground
Irreconcilable differences requires BOTH SPOUSES' CONSENT (§48-5-201). Alt: 1-year voluntary separation (§48-5-202).
State Income Tax
Progressive 2.22-4.82% (5 brackets, 2025).
West Virginia uses the Income shares using adjusted gross income under WV Code §48-13-702. WV uses income shares per §48-13-702. Adjusted gross income (gross minus taxes/FICA). Schedule: $550-$35,000/mo. Above $35,000: $2,527 + 8.8% of excess.
Key factors include both parents' income, the number of children, custodial time share, mandatory add-on expenses (childcare, health insurance), and any applicable deductions. Income shares using adjusted gross income.
Yes. Either parent can request a modification if there has been a material change in circumstances, such as a significant change in income, custody arrangements, or the needs of the child. The court will recalculate support using the same statutory formula.
Total obligation from schedule x obligor AGI share %.
Get a personalized child support calculation based on West Virginia's actual statutory formula.
Start My Free West VirginiaEstimate →This tool provides educational estimates based on West Virginia family law and does not constitute legal advice. Child support calculations are approximations of the statutory formula and may differ from court-ordered amounts. Consult a licensed West Virginia family law attorney before making decisions. Primary statute: WV Code §48-13-702.