West Virginia Child Support Calculator

West Virginia calculates child support from both parents’ combined monthly adjusted gross income using the table in W. Va. Code § 48-13-301, which covers combined incomes from $550 to $35,000 a month in $50 steps for one to six children. The table amount, plus child care and the children’s health costs, is split by each parent’s share of income. When each parent has the children more than 127 overnights a year, a different worksheet applies that multiplies the table amount by 1.6 and credits each parent’s time. The calculator below follows both state worksheets.

Gross income (overtime at 50%) minus support and spousal support you pay for others, the additional dependents deduction and qualifying student loan payments (W. Va. Code § 48-1-228, 48-13-202).
More than 127 overnights for each parent triggers the extended shared parenting worksheet.
Add-on costs (monthly, optional)
Compare your order with what the guideline produces today.

How West Virginia calculates child support

West Virginia uses an income shares model built on gross income. The court completes one of two worksheets in every case (§ 48-13-204): Worksheet A for basic shared parenting and Worksheet B for extended shared parenting. Worksheet A works like this:

  1. Find each parent’s monthly gross income. Gross income includes wages, bonuses, self-employment profit, pensions, Social Security, unemployment, workers’ compensation, interest and dividends, and income attributed to a parent who is voluntarily unemployed or underemployed (§ 48-1-228). Overtime counts at 50% of the 36-month average, and can be excluded if it is voluntary and there was no prior pattern of it.
  2. Adjust it. Subtract child support already paid for other children, spousal support paid, the additional dependents deduction, and a qualifying student loan payment (capped at 25% of gross income). The result is monthly adjusted gross income.
  3. Add the two incomes and look up the basic obligation in the table for the number of children.
  4. Add adjustments: work-related child care at 75% of actual cost (to account for the federal tax credit), uninsured medical expenses and the children’s share of health insurance premiums, and any extraordinary expenses the parents agree to or the court orders.
  5. Split the total by income share, then subtract what the paying parent already pays directly for those items.

Example: adjusted incomes of $4,000 and $3,000 make $7,000 combined. For two children the table shows $1,382. The parent earning $4,000 has a 57% share, about $790 a month, before child care and health costs.

Extended shared parenting: the 127-overnight rule

When each parent has the child for more than 127 days a year (35%), the court uses Worksheet B under §§ 48-13-501 and 48-13-502. The basic obligation is multiplied by 1.6 to reflect the cost of running two households. Each parent’s income share of that figure is then reduced by the percentage of time the child spends with that parent. The two results are offset, and the parent who owes more pays the difference.

Child care, health costs and extraordinary expenses are handled separately on Worksheet B. Each parent’s income share of the combined expenses is compared with what that parent actually pays, and the parent who has paid less than their share owes the difference. The basic and expense transfers are then netted into one order.

The jump at 128 overnights can be large, so overnight counts are often the most contested number in a West Virginia case. The calculator switches to Worksheet B automatically when both parents have more than 127.

Low-income protection

Worksheet A includes an ability-to-pay check for a paying parent whose adjusted gross income is below $2,600 a month. Spendable income is 80% of that parent’s income. A self-support reserve of $997 is subtracted, and the result (never less than $50) is the most the parent is ordered to pay if it is lower than the regular figure. When combined income is under $550, the table does not apply; support is $50 a month or another amount the court sets after reviewing both parents’ resources and expenses (§ 48-13-302).

Incomes above $35,000 a month

For combined incomes above $35,000, the basic obligation cannot be less than the table amount at $35,000. Section 48-13-303 also gives the court an optional formula: the $35,000 amount plus a percentage of the income above it, from 8.8% for one child to 19.6% for six children. The calculator uses that formula, but the court has discretion at this level.

When the court can depart from the guideline

The guideline amount is presumed correct, but under § 48-13-702 the court can disregard or adjust it if it finds the result inappropriate, and must state the reason and the guideline amount on the record. Listed reasons include special needs of a child or parent, private school or college costs, more than six children, long-distance visitation costs, a child living with a third party, the paying parent’s duty to support other children, and income that is nonrecurring.

Changing an existing West Virginia order

Under W. Va. Code § 48-11-105, the family court can modify a support order when there is a substantial change in circumstances. If applying the current guideline would produce a new order that differs by more than 15%, that difference counts as a substantial change on its own. A parent, custodian or the Bureau for Child Support Enforcement can file the motion, and the Supreme Court of Appeals publishes a standard petition form for self-represented parents. The new order must follow the guideline unless the court makes deviation findings.

Enter your current order in the calculator to see the gap. If the guideline figure is more than 15% higher or lower, that is the threshold the statute uses. Our free modification audit walks through the rest of what you need, and the 50-state book covers the West Virginia filing process step by step.

West Virginia child support FAQ

Does West Virginia use gross or net income for child support?

Gross income, adjusted for support and spousal support already paid, other dependents and qualifying student loan payments.

How many overnights change child support in West Virginia?

More than 127 overnights a year for each parent triggers the extended shared parenting worksheet, which uses a 1.6 multiplier and credits each parent’s time.

What is the minimum child support in West Virginia?

When combined income is below $550 a month, support is $50 a month or another amount the court sets. For low-income paying parents, the ability-to-pay check also has a $50 floor.

How much does child support have to change before I can modify it?

A guideline result that differs from your current order by more than 15% is treated as a substantial change in circumstances under § 48-11-105.

Sources

This page and calculator provide general legal information, not legal advice. Child support rules change and the court decides the final amount. For advice about your situation, consult a licensed West Virginia attorney.