Most states have child support guidelines in their statutes—often in the statutes collected in the state’s family code. These child support guidelines provide percentages and methods of calculating child support payments based on the number of children; the parents’ incomes and financial resources; the income and needs of the custodial parent; the needs of the children, including any special needs; and the standard of living for the children before the parents’ divorce or separation. The child support guidelines are just guidelines, and the court generally has discretion to order more or less child support based on the best interest of the children.
In West Virginia, child support guidelines are established by state statutes to ensure that children receive adequate financial support from their parents following a divorce or separation. These guidelines are found in the West Virginia Code, specifically in Chapter 48, which deals with domestic relations. The guidelines take into account various factors such as the number of children, the combined gross income of the parents, and the proportion of income each parent contributes. The state uses a formula to calculate the basic child support obligation, which can then be adjusted based on the needs of the children, including any special needs, the standard of living the children would have enjoyed had the marriage not dissolved, and the custodial parent's income and expenses. While these guidelines provide a framework for determining child support, West Virginia courts have the discretion to deviate from the calculated amount if it is in the best interest of the children, considering factors such as extended visitation or shared custody arrangements, and any additional expenses related to the children's care.