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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In West Virginia, the court has the authority to order a parent to pay child support that exceeds the amount calculated under the standard child support guidelines if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, perhaps to avoid higher child support payments, the court can base the child support obligations on the parent's potential earning capacity rather than their actual income. The court will consider factors such as the parent's education, previous work experience, and local job opportunities to estimate what the parent could reasonably earn. This is done to ensure that the child receives adequate support and that the financial burden is fairly distributed between both parents.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

West-Virginia State Code

West-Virginia State Code

Child support

unemployment/underemployment

Articles