Child support is a set, monthly payment that is paid by one parent to another parent to provide for the regular expenses of the children. This allows a parent to fulfill his or her parental duties.
The percentage of time each parent shares with a child generally determines who will pay child support. There are two ways to determine child support in West Virginia: basic shared parenting and extended shared parenting. Basic shared parenting is when one parent has overnight visitation for less than thirty-five percent of the year; this parent will generally pay child support. Extended share parenting is when both parents have overnight visitation at least thirty-five percent of the year. Either parent could be paying child support based on how much they make.
The court will evaluate wages, salary, commissions, tips, overtime, and bonuses as income for calculation purposes. This also includes any government benefits, severance pay, or retirement benefits. The courts will also factor in alimony, gifts, prizes, and other costs. The court will then affix a percentage which will be the amount you are required to pay monthly for child support.
A parent will often receive credit on the child support formula for child care expenses and providing medical insurance for children. Whether a parent has a preexisting, court-ordered child support obligation will often be factored. A child from a prior relationship primarily living in the home may be considered in how much a parent will pay. Alimony can also be factored in to how much child support a person will receive.
Child support can be changed under some circumstances. If the child support formula is applied and the amount owed would change greater than 15%, this is a basis to modify. However, generally, child support will not be changed if the amount owed would not change by 15%.
Parents are permitted to pay more in child support if they wish to do so. Spouses have the liberty to challenge the amount (either seeking less or more) in court. In order to effectively argue this point, you will want a professional attorney focused on child support and advocating for your child’s best interests to represent you and develop a legally recognized argument on your behalf.
Whether you are seeking support or you are resisting it, The Law Office of Pritt & Pritt can help. Don’t hesitate to contact one of our child support and paternity lawyers today for more information; We have been serving the Charleston, WV area for years and are committed to providing high-quality service, focused on helping you to pursue family matters.