West Virginia Divorce and Child Support Credits

Updated: 02/27/2020

Today, we are going to discuss the topic of West Virginia divorce and child support credits. Before I focus on counting income and generally how child support credits are calculated, I want to go into a little more detail about some things that are going to be counted in the child support formula where you can get credit. One thing that can be factored into child support credits that you may receive is any preexisting children that you had prior to the relationship or even potentially new children that are actually living in the home and are yours biologically. The key thing is if it’s your child biologically and they’re living with you. If this is the case, then you can potentially get a credit. The other thing you can get a credit for is child support payments that are preexisting. Let’s say at the time that you get a divorce, you have a child support obligation of $500 a month. That can be taken as a credit for you whenever the judge is calculating the child support formula.

  What About Child Support Credits For Health Insurance Premiums I Paid?

The other thing that’s going to be considered in the child support formula and your child support credits is health insurance premiums. Not the expenses, but health insurance premiums. For example, let’s say that you are paying after the divorce or you know you’re going to be paying $100 extra for health insurance premiums. For the portion that is attributable to the children, this can be counted into the child support formula. You’re not going to get a credit for the portion that’s attributable to you, but for the portion that’s attributable just solely to the children. Same thing goes with the dental and vision premiums you pay. Anything that you can document that’s going to be on a pay stub, that’s going to be something that is considered as well.

         What About The Out of Pocket Expenses I Had To Pay? 

One of the things that you need to take into account though is it’s just the premiums and not the out of pocket expenses you will get credit for. What will happen if you did have out of pocket expenses? The court will usually look at the income of the parties and then they’re going to assess who’s responsible for the actual expenses. For Example: Let’s say that you’ve got two people and they have similar incomes. Generally, out of pocket expenses are going to be covered equally. Each one is going to be covering the out of pocket expenses that aren’t insurance 50/50. Now, if one person makes more, courts will generally say that between the two of them, 70% of the income is going to be one persons and 30% is the other. One person after the first $250 is going to cover the expenses 70% and the other will cover 30%. That is one example of what could happen in that situation. The other thing that the courts could take into account is your childcare expenses. You just have to keep track of that. It can actually be used to reduce the amount of child support that you pay. These are some different issues when it comes to child support that you can factor into and possibly use to reduce the amount of child support you pay or be used alternatively to increase the amount of child support that you receive. Just remember to document and keep track of everything so when the time is needed, you can present everything needed to make sure the courts calculate everything correctly for you.Pritt+Feb+CTA+%281%29.jpg