The law is not designed to be understood by a layperson, and family law is no different. Studying law is like studying a whole other language. That’s why you need to hire an expert child support lawyer in Charleston, WV who has a deep understanding of divorce and family law and the aspects that are involved. They will inform you of your rights and provide all the information that you need.

Is Child Support Mandatory in a Divorce?

In the state of West Virginia, it is the responsibility of both parents to care for and provide financial support to the child. The combined income of both parents and the number of children you have will determine the amount of child support paid or received. A child support lawyer can help ensure you pay or receive a fair child support amount.

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How is West Virginia Child Support Determined?

The state of West Virginia has guidelines that the family court will follow in order to determine fair child support based on the income of both parents and number of children (as listed above) as well as the parent with whom the child or children will be spending most of their time. A parent can choose to pay more child support than required, but only the family courts can reduce the amount required.

Although it is the financial responsibility of both parents to support their child, child support is not a series of checks paid back and forth from parent to parent. Child support will typically be paid by one parent to another. It almost always pays to the parent with whom the child will be spending the majority of their time.

However, it is not the sole responsibility of the paying parent to may the entire amount of child support required by the state. Each parent is responsible for a percentage of the total based on their income. Meaning, the parent with a higher income will pay more in child support payments.

It’s also important to note that a child support order will address providing health insurance for the child. The court will also add to the child support orders any work-related child care expenses, unreimbursed child health care expenses, and any other extraordinary expenses agreed to by the parents or ordered by the divorce court. These costs are typically prorated between the parents, based on income.

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What Happens if My Spouse Will Not Pay Child Support Payments?

There are legal steps you can take if your spouse is unwilling to make child support payments. Child support lawyers and family law experts in West Virginia experience spouses unwilling to make child support payments all of the time. Having a child support attorney who specializes in the laws in Charleston, West Virginia can help ensure you and your child receive what you are owed.

The failure to pay West Virginia child support can lead to a parent being held in contempt. Being held in contempt could mean compensatory visitation, a modification to the custody arrangement, fines, or even jail time.

Child support enforcement is also an option in West Virginia if the amount of child support is not being paid. Under Federal Law, the courts can intercept tax returns for child support enforcement. Other methods of enforcement include seizing property, wage attachments, or revoking the paying parent’s driver’s license or other recreational licenses.

Contact Us Today

Located in Charleston, West Virginia, Bradford Law Offices, PLLC, has helped clients on family law matters of all types during and after divorce for many years. Our practice areas include child custody, co-parenting, spousal support, and child support. Attorney Tim Bradford heads up the firm and is a graduate of both West Virginia University and Marshall University. If you would like to learn more about where you stand on these challenging divorce issues, please call (304) 344-5700. Your case is important to us. Contact our law firm today.