West Virginia Divorce Laws
West Virginia Divorce Laws regarding Child Support
The amount of child support is found out from the adjusted gross income of the parents. The total child support obligation is distributed amongst the parents in ratio of their respective incomes. However, if the conditions mentioned below occur, then the Court deviates from the guidelines –
- The obligor is indebted to a duty of support of the requirements of some other children
- The child stays with a third party
- The visitation expenditures are for a long distance
- There are more than 6 children in the family
- Educational expenditures for the parent or the child (i.e. where tuition and other costs are beyond state and local tax contributions like post-secondary education, secondary schools, trade schools, parochial schools or private schools)
- Special requirements of the obligor or the child (for example, if the child is mentally or physically disabled)
- When the sum of child care, child support and spousal support is subtracted from the gross income, does the balance of the obligor drop below the federal poverty level
- If the Court deviates from the child support guidelines, does the income of the child’s household become less than the federal poverty level
- The part of the income of the obligor that is non-guaranteed or non-recurring income
West Virginia Divorce Laws regarding Child Custody
The main intention of the Court is to enable the best interests of the child by facilitating –
- Protection from exposure to emotional or physical harm
- Meaningful contact amongst each parent and the child
- Parental agreement and planning regarding the custodial arrangements and upbringing of the child
- Care-taking relations by adults who have love for the child and have knowledge regarding providing for the requirements of the child
- Continuance of existing parent-child attachments
- Stability of the child
A secondary aim is to attain fairness amongst the parents.
Alimony
The Court takes into account the following issues while finalizing the value of alimony –
- Expenditure due to the mental and physical disabilities of the child
- The legal obligations of each partner to support self and any other person
- The economical requirements of each partner
- If any partner is the custodian of a child due to which it is impractical to attend a job outside the house
- The effects on tax of each party
- The expenditures of health care for the minor children as well as the parents
- The expenditure of the education of minor children
- Any economical or other input made by one partner to the earning ability, career, vocational skills, training and education of the other partner
- The possibility that the partner who requests for separate maintenance, child support or spousal support can undergo additional training and education in a reasonable time to considerably increase the income earning abilities
- The standard of living reached in marital life
- Whether the marriage has resulted in a postponement or cancellation or employment, education or economic chances of any partner
- Other issues which the Court considers essential
| 
