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West Virginia child support: the statutory table, Worksheet B, and what a parent really pays

West Virginia writes its whole child support formula into the Code: a table of basic obligations on combined gross income, two worksheets, and a check on the paying parent's ability to pay. Once each parent keeps the children more than 127 nights a year, the math changes to an offset built on 1.6 times the table amount.

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At a glance

ModelIncome shares on both parents' adjusted gross income (W. Va. Code 48-13-201)
Table48-13-301, rewritten by SB 573 of 2023; $550 to $35,000 of combined monthly income, one to six children
Extended shared parentingEach parent has the children more than 127 nights (35%): Worksheet B, table amount x 1.6, offset by time
Ability to payPayor under $2,600 a month: support is capped at 80% of income minus $997, but never below $50
Support endsAge 18, or up to 20 for an unmarried full-time secondary or vocational student living at home
ModificationSubstantial change; a new guideline amount more than 15% different counts as one
Interest on arrears5% a year, simple interest (48-1-302)

From paychecks to the basic obligation

West Virginia starts from gross income, which the Code defines broadly: wages, commissions, bonuses and tips; pensions, Social Security, unemployment and workers' compensation; interest and dividends; in-kind perks such as a company car; spousal support received; and self-employment income net of ordinary business expenses. Self-employment, seasonal and sporadic income are averaged over up to 36 months. A new spouse's income, child support received for other children, and means-tested aid such as TANF, SSI and food stamps are excluded.

Overtime has its own rule: the worksheet counts half of the average overtime pay from the last 36 months, and a parent can exclude it entirely by showing the overtime is voluntary and was not a pattern before the separation or birth. From gross income the worksheet then subtracts support already paid for other children, maintenance paid, and, since 2023, a reasonable student loan payment for the parent's own education, capped at 25% of gross income.

The two adjusted gross incomes are added and looked up in the table in 48-13-301. Each parent owes the share of the table amount that matches their share of combined income. Below $550 combined the obligation is $50 or a discretionary amount; above $35,000 it can be no less than the $35,000 row, and the court may add a set percentage of the excess. The result is presumed correct unless the judge explains on the record why the guidelines do not fit.

Worked example: West Virginia

  1. Parent A has $5,500 a month in adjusted gross income and Parent B has $3,500. Combined, that is $9,000.
  2. The 48-13-301 table lists $1,549 for two children at $9,000. For scale, the top row of the table, $35,000, lists $3,719 for two children.
  3. Parent A earns 61.1% of the combined income, so Parent A's share is $947 and Parent B's is $602.
  4. With the children living mainly with Parent B (Worksheet A), Parent A pays $947 a month, about $11,364 a year. Because Parent A's income is above $2,600, the ability-to-pay check does not lower it. Child care and the children's insurance would be added before the split.

This is an estimate, not legal advice. Figures are rounded to the dollar and leave out the insurance, childcare, and other adjustments your case may have. Try your own numbers in CoreParent's calculator, then confirm with the state's official calculator.

Basic versus extended shared parenting: the 127-night line

West Virginia calls every arrangement shared parenting. In basic shared parenting, one parent has the children overnight less than 35% of the year and Worksheet A applies, with no credit for the nights the other parent does have. Extended shared parenting, where each parent keeps the children more than 127 nights, uses Worksheet B. A court that orders shared parenting without the parents' agreement must make written findings.

Worksheet B multiplies the table amount by 1.6 to reflect the cost of keeping two homes ready for the children, divides that by income, and has each parent owe their portion times the share of nights the children spend with the other parent. The two figures are offset, and add-ons such as child care and insurance are settled separately by income share. In the example, if Parent A has 146 nights and Parent B 219, Parent A pays about $523 a month instead of $947. At exactly equal time the transfer is about $275.

When there are several children and each parent has at least one living with them full time (split custody), the court runs Worksheet A separately for each household and offsets the two orders.

Child care, insurance and medical bills

Work-related child care enters the worksheet at 75% of the actual cost, an adjustment for the federal tax credit. The children's share of the health insurance premium and uninsured extraordinary medical costs are added too, along with any extraordinary expenses the parents agree to or the court orders. Coverage counts as reasonable in cost when the children's portion of the premium is no more than 5% of the covering parent's gross income. After the order is set, uninsured medical expenses above $250 a year per child are split in proportion to income. If no appropriate insurance is available, the court orders cash medical support, which together with premiums cannot exceed 5% of the payor's gross income and is set at zero when the payor is under 200% of the federal poverty level.

The ability-to-pay check for lower incomes

When the payor's adjusted gross income is under $2,600 a month, Part II of Worksheet A takes 80% of that income as spendable, subtracts a $997 self-support reserve, and caps the order at the result, with a floor of $50. A payor with $2,000 a month, for instance, cannot be ordered to pay more than $603 (80% of $2,000 is $1,600, minus $997). Income can also be attributed to a parent who is voluntarily unemployed or underemployed, at least full-time federal minimum wage when little is known, but never to a parent who is incarcerated, caring for a preschool or disabled child of the parties, or earning less for valid medical reasons.

When the judge can depart from the table

The Code lists situations the guidelines do not account for: a child's or parent's special needs, private school or college costs, more than six children, long-distance visitation costs, a child living with a third party, the needs of other children the payor must support, heavy reliance on nonrecurring income, and orders that would push either household below the poverty level. In any deviation the judge must state the guideline amount and the reason.

How long support lasts and how to change it

Support continues past 18 while the child is unmarried, lives with a parent or custodian, attends a secondary or vocational program full time and is making substantial progress toward a diploma, but not past age 20. Existing case law on support for disabled adult children is left in place.

Either parent or the Bureau for Child Support Enforcement can ask the family court to modify an order. A substantial change is required, and the statute says that a recalculated guideline amount more than 15% different qualifies. For a job loss, promotion, new job or a military call-up, an expedited process lets the court recalculate on a standard form; if the other parent does not contest within 14 days, the change takes effect.

Collection and interest

The Bureau for Child Support Enforcement, part of the West Virginia Department of Human Services, establishes, reviews and collects orders, including through income withholding. Unpaid support carries simple interest at 5% a year on the principal. Parents can agree in writing to suspend collection of accrued interest if the payor follows a plan that clears the arrears within 60 months; finishing the plan wipes out that interest for good.

Documents you will need

West Virginia child support FAQ

How is child support calculated in West Virginia?

Add both parents' adjusted gross incomes, find the basic obligation in the 48-13-301 table, add child care at 75% of cost, insurance and extraordinary medical costs, and divide by income share. Worksheet B replaces Worksheet A when each parent has more than 127 overnights.

How much is child support for 2 kids in West Virginia?

It depends on combined income. At $9,000 a month the table lists $1,549 for two children, so a parent earning 61.1% of that income without extended shared parenting owes about $947 a month before add-ons.

Does 50/50 custody end child support in West Virginia?

Not when incomes differ. Worksheet B still produces a transfer from the higher earner, about $275 a month in our example with a 61/39 income split. Only equal incomes with equal time bring the basic transfer to zero.

Is overtime counted for child support in West Virginia?

Half of the average overtime from the last 36 months is counted. A parent can have it excluded by proving the overtime is voluntary and that they did not regularly work overtime before the separation or the child's birth.

When can I modify child support in West Virginia?

When circumstances change substantially. If running the current guidelines would change the order by more than 15%, the law treats that as a substantial change. Income changes from a lost job, new job, promotion or military call-up can use the expedited process.

Next steps

Sources

Verified against these official sources in October 2026:

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This is general educational information, not legal advice, and official figures change. Last verified: October 2026. Consult a licensed family-law attorney in West Virginia.