West Virginia Child Support Attorneys
We can help with child support filing, modification, and enforcement
One of the most important – and potentially contentious – issues in a divorce with children is child support. The goal is to make sure that the children have the resources they need without leaving either parent in a financially unsustainable position. Striking that balance is hard, and an experienced attorney can help.
Whether you are the child support payer or payee, the experienced child support lawyers at Klie Law Offices can help you navigate the family court system and reach a solution that works for your child. Schedule your case evaluation today.
How does West Virginia calculate child support?
West Virginia uses the Income Shares Support Formula to calculate child support. Some of the factors that apply to calculating child support amounts include:
- Each parent’s gross income (usually based on paychecks) – generally, the parent with more income is expected to contribute more to the cost of raising the child.
- Which parent the children primarily reside with. The calculation is different in basic and extended shared parenting.
- The number of children the parents have.
- Any other children that either parent has (i.e., half-siblings or stepsiblings).
- The basic financial obligations required for each child.
- Mandatory deductions, including extraordinary medical costs (like hospital visits or braces) and childcare costs.
- Any additional medical, educational, and support expenses that may be needed.
Note that child support is related to but distinct from child custody. In shared custody cases, the amount of child support paid by the paying parent is usually reduced proportionally to the amount of time they care for the child.
Most divorces with children involve some amount of child support, but the amount can vary widely depending on the situation. The court has some discretion in weighing these factors, and an experienced attorney can build a case for a child support arrangement that suits your need.
Child support modifications in West Virginia
It’s possible for child support needs to change significantly after your divorce is finalized. Perhaps the needs of the children change because of medical issues or other factors, or perhaps one parent’s financial situation is impacted by illness, injury, or long-term unemployment. In those scenarios, you can petition the court for a modification to the child support order that will change the amount to accurately reflect the new circumstances.
Remember, the court can’t change your child support retroactively; any changes will be effective as of the date you filed the petition. So, if you’re paying more child support than you should be, or receiving less than you should be, it’s in your best interest to talk to a lawyer right away. The sooner you file the petition, the better for both your financial situation and the needs of your children.
Child support enforcement in West Virginia
Unfortunately, some parents do not take their financial responsibilities seriously. If your ex-spouse isn’t paying child support, you may be very frustrated and in financial danger. However, this isn’t a license for you to violate the divorce decree. For instance, you can’t withhold visitation because of non-payment of child support. You have to hold up your end of the divorce regardless.
What you can do is go to court and file a petition to hold your co-parent in contempt of court. The court can order them to pay their child support and impose consequences if they still refuse to pay. We have extensive experience with post-divorce enforcement actions and know how to advocate for your rights under West Virginia law. We also defend people who are falsely accused of not paying child support or otherwise violating court orders.
Talk to a West Virginia child support attorney today
There is a lot to consider in child support cases, and they are often emotionally fraught and challenging legal cases for everyone involved. That’s why you need an attorney who understands the system and knows how to advocate for your rights. If you’re going through a divorce with children or need to change your child support arrangement after divorce, contact Klie Law Offices in West Virginia today. We can help.