West Virginia child support is based on the number of overnight visits
West Virginia uses overnight totals in its child support formula to determine the amount of child support in your divorce case.
Besides income, overnight totals are a key part of the West Virginia child support formula. Your parenting time directly affects your child support, whether you pay or receive. You can use the calculator above to estimate your support amount based on how many overnights you have.
Most overnight totals are estimates (and thus incorrect)
West Virginia lawyers and judges often rely on overnight estimates only, even if they are incorrect, because counting total hours is tedious and time consuming. Divorcing parents often rely on these estimates as well.
Using estimates means your overnight totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact.
How to calculate overnights instead of relying on estimates
To calculate overnights, the easiest and most accurate way is to use software. Without software, you're forced to count each night for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year.
Visualize your schedule. Get a written parenting plan. Calculate your parenting time.
Using software, you can also tweak your schedule to see how even little changes affect your total overnights, and you can see how your overnights change each year due to holidays and other events.
You can also track what actually happens, and show how many overnights you've actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time.
Fast facts on West Virginia child support
In any divorce, West Virginia family courts award custody of the children to one or both parents. Custody is divided into legal custody and physical custody. The total parenting time factors into the child support formula for both sole and shared custody.
West Virginia sole physical custody: In West Virginia, sole physical custody means the children reside with and are supervised by the residential parent, while the other parent is entitled to scheduled visitations. Sole custody is given to the parent with whom the children live with and spend the most time with. The nonresidential parent hosts the children for fewer than 127 overnights, or 35 percent of the time each year.
West Virginia shared physical custody: West Virginia law outlines shared custody as any arrangement in which the child has regular and continuing contact with both parents. Parenting time won't necessarily be equally divided in order to qualify for shared physical custody. The nonresidential parent hosts the children for 127 overnights or more each year to qualify for shared custody.
West Virginia child support formula and parenting time adjustment
West Virginia family courts use formulas that consider both parents' incomes and the needs of the child to arrive at a monthly child support amount. A parenting time adjustment is given based on shared custody.
Sole physical custody: The total income from the nonresidential parent is put into the formula. Certain deductions reduce that total to an adjusted income. To be considered a sole custody case, the nonresidential parent spends fewer than 127 days per year, or less than 35 percent of the time, with the children.
There is no parenting time credit given for sole custody situations. The residential parent receives child support from the nonresidential parents according to West Virginia law.
Shared custody formula: A different formula is used for shared custody child support calculations. Both household incomes figure into the formula, unlike the one for sole custody. In West Virginia, when the family court orders shared physical custody, the nonresidential parent must host the children for 127 days per year or more.
The more overnights, the greater the credit toward child support.
Examples of sole child custody and West Virginia child support
Consider the hypothetical case of Robert and Mary. Robert's adjusted income is $4,000 per month, while Mary's adjusted monthly income is $2,400. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert is the nonresidential parent in this sole custody case, and is scheduled to host the children for fewer than 127 days per year. He pays $698 in child support each month to Mary.
- Scenario #2: Mary is the nonresidential parent and hosts the children for fewer than 127 days per year. She pays $419 in child support to Robert.
In West Virginia sole custody cases, the nonresidential parent pays child support to the residential parent, regardless of income.
Examples of shared custody formula and West Virginia child support
Consider the hypothetical case of Robert and Mary. Robert's adjusted income is $4,000 per month, while Mary's adjusted monthly income is $2,400. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert hosts the children for 128 days, just over the minimum to qualify for joint physical custody. He pays $460 in child support per month to Mary.
- Scenario #2: Robert hosts the children for 140 days. He pays $405 in child support per month to Mary.
- Scenario #3: Robert hosts the children for 160 days. He pays $313 in child support per month to Mary.
- Scenario #4: Robert and Mary agree to a 50/50 split, or 182 days. He pays $212 in child support per month to Mary. This is because he is the higher earner.
In West Virginia shared custody, the nonresidential parent pays child support to the residential parent.
In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
Other factors in the West Virginia child support formula
West Virginia's child support formula uses the following information to calculate your monthly amounts for joint custody child support:
Eligible children: In West Virginia, child support payments continue for each child until he or she turns 18. Support may be extended until the child is age 20 as long as he or she is enrolled in a secondary school.
Gross earnings: Gross earnings are established based on tax records and current pay stubs. West Virginia law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both incomes figure into joint custody child support.
Specific deductions: There are some deductions allowed by West Virginia family courts that allow an adjustment of the income, including health insurance premiums for the children, support for other children and child care expenses, for example.
How accurate child support helps your children
Paying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met.
Here are some other reasons why accurate overnight numbers help you, the other parent and your children:
- It provides a fair way to determine your child support amounts
- It guarantees the child support amount reflects each parent's responsibilities
- It allows for modifications if your actual time and scheduled time are different
- It is compliant with West Virginia law
Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount.
Top 5 things to remember about West Virginia child support and overnights
To ensure you are paying or receiving the right amount of child support in West Virginia, remember these 5 things:
- West Virginia Child Support Guidelines award sole or joint physical custody based on the number of overnights the nonresidential parent receives.
- Sole physical custody means that the nonresidential parent is scheduled for fewer than 127 days with the children per year.
- Parents with more than 127 overnights qualify for a parenting time adjustment based on the number of overnights per year. The parenting adjustment means lower child support amounts.
- The nonresidential parent pays child support to the residential parent in West Virginia.
- In the case of a 50/50 split in parenting time, the higher earner pays child support to the lower earner.
Use Custody X Change software to create a custody schedule that will quickly calculate the total parenting time for the West Virginia child support formula.
As you negotiate what kind of custody schedule will best fit your needs, the software will accurately calculate your overnights.
Visualize your schedule. Get a written parenting plan. Calculate your parenting time.