Child support in West Virginia
West Virginia uses the income-shares model: both parents' incomes count, and each parent pays a share of the child's support. To open a case, contact the Bureau for Child Support Enforcement (BCSE), West Virginia Department of Human Services at 1-800-249-3778.
Checked against official sources: Oct 25, 2026. · Free letters and checklist ↓
How much child support in West Virginia?
Both parents' gross monthly incomes (adjusted) are combined and looked up in the state table for the number of children. Health insurance premiums, child care and extraordinary medical costs are added, and each parent pays a share in proportion to their income. Different worksheets apply to shared parenting.
Law: W. Va. Code 48-13-201, 48-13-301 to 48-13-303
We don't estimate West Virginia's amount here: its formula uses both parents' incomes and other facts, and a home-made number could mislead you. The official tool gives the real starting number:
Open a child support case in West Virginia
- Phone
- 1-800-249-3778
- Apply
- Apply online
- How to open a case
Apply online through the WV PATH portal (you need an email address and a Social Security number), or fill out a paper application and give it to your local BCSE office. Custodial parents, noncustodial parents and anyone with physical custody of a child can apply. You can also file a Petition for Support in family court.
- Application fee
$0. There is no fee for child support services; West Virginia currently does not charge for services provided by BCSE.
Source: BCSE Application page; Applying for Child Support Services FAQ
- Yearly fee
BCSE says West Virginia currently does not charge for its services, so families are not charged the $35 annual fee.
- Forms
- Paternity (legal fatherhood)
Unmarried parents can sign a Declaration of Paternity Affidavit; both signatures must be notarized, and it is filed with the Division of Vital Statistics. If paternity is disputed, either parent can ask BCSE for genetic testing; the test must show at least a 98% probability. Paternity can be established any time before the child turns 18.
West Virginia child support by topic
How support is calculated in West Virginia
The model, the percentages or the official calculator, and low-income rules.
Change child support in West Virginia
When you can ask, how to ask, and a review letter.
Collect unpaid support in West Virginia
Collection tools, interest and license rules, and a letter.
When support ends in West Virginia
The end age, high school and disability rules.
How child support is figured in West Virginia
- Model
- Income shares
- How it works
Both parents' gross monthly incomes (adjusted) are combined and looked up in the state table for the number of children. Health insurance premiums, child care and extraordinary medical costs are added, and each parent pays a share in proportion to their income. Different worksheets apply to shared parenting.
- Low income
If combined adjusted gross income is below $550 a month (the bottom of the table), basic support is $50 a month or an amount the court sets based on both parents' resources and living expenses.
Law: W. Va. Code 48-13-302
- Official calculator
- Official West Virginia child support guidelines
- Health insurance and medical costs
Every order must provide for the child's current and future medical needs. The child's share of the health insurance premium is added to basic support and split in proportion to income (with a credit to the parent paying it), and extraordinary medical expenses are split the same way.
Law: W. Va. Code 48-13-602; art. 12
Law: W. Va. Code 48-13-201, 48-13-301 to 48-13-303
Change a child support order in West Virginia
- When a change is allowed
The court can change support if there is a substantial change in circumstances. If the guidelines would give a new amount more than 15% different from the current order, that counts as a substantial change. BCSE will review an order at either parent's request 3 years after it took effect, or sooner if a substantial change can be shown.
Law: (W. Va. Code 48-11-105; BCSE)
- How to ask
Ask your local BCSE office for a review, or file in family court: a Petition for Expedited Modification of Child Support (SCA-FC-226) if a parent's income changed because of a job change (not quitting voluntarily) and the new amount would differ by more than 15%, or a regular Petition for Modification (SCA-FC-201).
Law: W. Va. Code 48-11-105, 48-11-106
Can I ask for a change? Check your situation
Collect unpaid child support in West Virginia
Arrears means support that is past due. The child support agency can use these tools to collect it:
- Collection tools
- Income withholding
- Tax refund offset
- Driver's, professional and recreational license denial, suspension or restriction
- Contempt of court (possible jail)
- License suspension
Arrears equal to or more than 6 months of support, or 6 months of unpaid medical support.
Law: W. Va. Code 48-15-202
- Contempt of court
Not paying can lead to a contempt case in family court (Contempt Petition SCA-FC-251), and the parent could be jailed depending on the circumstances and amount owed. (BCSE FAQ; SCA-FC-225)
- Interest on unpaid support
5% simple interest a year on past-due support. Parents can agree in writing to a payment plan that pays off arrears within 60 months; if it is completed, the court forgives the interest that had built up.
Law: W. Va. Code 48-1-302
Source: BCSE FAQ
Law: W. Va. Code ch. 48, art. 14 and 15
When child support ends in West Virginia
- Support ends
18, or up to 20 if the child is unmarried, lives with a parent or guardian, and is a full-time student in a secondary or vocational program making substantial progress toward a diploma
- Exceptions
Support for a disabled adult child is governed by existing West Virginia case law. College support cannot be ordered for orders entered after March 14, 1994.
Law: W. Va. Code 48-11-103
When does support end? Check your situation
Free help in West Virginia
Official self-help
Free letters and checklist
Ask the agency to review (change) your order
A letter to the child support agency asking for a review and adjustment.
Ask the agency to collect unpaid support
A letter asking the agency to enforce the order and collect what is past due.
Checklist: what to bring to open a case
IDs, birth certificates, the other parent's details and your papers, with West Virginia's agency contact.
Good to know in West Virginia
- West Virginia does not charge fees for child support services. (BCSE)
- Support can continue to age 20 for a child still in high school or a vocational program. (W. Va. Code 48-11-103)
- Unless the order sets a separate amount for each child, support stays the same until the youngest child turns 18 or graduates. (BCSE FAQ)
Changes in 2024–2026
The basic support table in W. Va. Code 48-13-301 was updated by S.B. 573 (2023 Regular Session). The modification statute 48-11-105 was amended by H.B. 4274 (2024). BCSE says the next guidelines review is in 2026.
Federal rules in every state
- Applying. If you don't get TANF, Medicaid or foster care help, a state may charge an application fee of up to $25 to open a child support case. Law: 42 U.S.C. 654(6)(B)(i)
- Yearly fee. If you never got TANF and the agency collected at least $550 for you in a year, the state charges a $35 yearly fee. It can come out of your support, but never out of the first $550. Law: 42 U.S.C. 654(6)(B)(ii)
- Review every 3 years. If your case is with the child support agency, either parent can ask it to review the order every 3 years and adjust it to the guidelines. Law: 42 U.S.C. 666(a)(10)(A); 45 CFR 303.8
- Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)
- Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
- Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
- Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
- How long support lasts. How long support lasts follows the law of the state that made the order, even if you move. Law: 28 U.S.C. 1738B(h)(2)
Questions about child support in West Virginia
How is child support calculated in West Virginia?
Both parents' gross monthly incomes (adjusted) are combined and looked up in the state table for the number of children. Health insurance premiums, child care and extraordinary medical costs are added, and each parent pays a share in proportion to their income. Different worksheets apply to shared parenting.
What if the paying parent has a low income in West Virginia?
If combined adjusted gross income is below $550 a month (the bottom of the table), basic support is $50 a month or an amount the court sets based on both parents' resources and living expenses.
How do I apply for child support in West Virginia?
Apply online through the WV PATH portal (you need an email address and a Social Security number), or fill out a paper application and give it to your local BCSE office. Custodial parents, noncustodial parents and anyone with physical custody of a child can apply. You can also file a Petition for Support in family court.
Does it cost money to open a child support case in West Virginia?
$0. There is no fee for child support services; West Virginia currently does not charge for services provided by BCSE.
Is there a yearly fee for child support services in West Virginia?
BCSE says West Virginia currently does not charge for its services, so families are not charged the $35 annual fee.
When can child support be changed in West Virginia?
The court can change support if there is a substantial change in circumstances. If the guidelines would give a new amount more than 15% different from the current order, that counts as a substantial change. BCSE will review an order at either parent's request 3 years after it took effect, or sooner if a substantial change can be shown.
How do I ask to change child support in West Virginia?
Ask your local BCSE office for a review, or file in family court: a Petition for Expedited Modification of Child Support (SCA-FC-226) if a parent's income changed because of a job change (not quitting voluntarily) and the new amount would differ by more than 15%, or a regular Petition for Modification (SCA-FC-201).
What happens if child support is not paid in West Virginia?
Arrears means support that is past due. The child support agency can use these tools to collect it: Income withholding; Tax refund offset; Driver's, professional and recreational license denial, suspension or restriction; Contempt of court (possible jail).
Can a license be suspended for unpaid child support in West Virginia?
Arrears equal to or more than 6 months of support, or 6 months of unpaid medical support.
Can a parent be held in contempt for not paying in West Virginia?
Not paying can lead to a contempt case in family court (Contempt Petition SCA-FC-251), and the parent could be jailed depending on the circumstances and amount owed. (BCSE FAQ; SCA-FC-225)
Is there interest on unpaid child support in West Virginia?
5% simple interest a year on past-due support. Parents can agree in writing to a payment plan that pays off arrears within 60 months; if it is completed, the court forgives the interest that had built up.
When does child support end in West Virginia?
18, or up to 20 if the child is unmarried, lives with a parent or guardian, and is a full-time student in a secondary or vocational program making substantial progress toward a diploma
Does child support continue while my child finishes high school in West Virginia?
18, or up to 20 if the child is unmarried, lives with a parent or guardian, and is a full-time student in a secondary or vocational program making substantial progress toward a diploma
Can child support continue past the usual age in West Virginia?
Support for a disabled adult child is governed by existing West Virginia case law. College support cannot be ordered for orders entered after March 14, 1994.
How is paternity established in West Virginia?
Unmarried parents can sign a Declaration of Paternity Affidavit; both signatures must be notarized, and it is filed with the Division of Vital Statistics. If paternity is disputed, either parent can ask BCSE for genetic testing; the test must show at least a 98% probability. Paternity can be established any time before the child turns 18.
Who pays for the child's health insurance in West Virginia?
Every order must provide for the child's current and future medical needs. The child's share of the health insurance premium is added to basic support and split in proportion to income (with a credit to the parent paying it), and extraordinary medical expenses are split the same way.
More help on our sister sites
Sources
- W. Va. Code ch. 48, art. 13 (guidelines)
- W. Va. Code 48-13-302
- W. Va. Code 48-11-103
- W. Va. Code 48-11-105
- W. Va. Code 48-1-302 (interest)
- W. Va. Code 48-15-202 (license)
- BCSE Application
- BCSE Applying for Child Support Services
- BCSE Modification of Child Support Orders
- BCSE Paternity FAQ
- SCA-FC-225 Expedited Modification information
- BCSE Customer Service (phone)
Last checked: Oct 25, 2026.
- State plan requirements: application fee, annual fee, safeguards, 42 U.S.C. 654
- Required state laws: arrears as judgments, review every 3 years, UIFSA, 42 U.S.C. 666
- Federal tax refund offset, 42 U.S.C. 664
- Passport denial for child support arrears, 42 U.S.C. 652(k)
- Garnishment limits for support orders, 15 U.S.C. 1673(b)
- Full faith and credit for child support orders, 28 U.S.C. 1738B
- Office of Child Support Enforcement (federal)