Reviewed August 2026
Child Support in West Virginia
West Virginia uses the income shares model to calculate child support, set out in West Virginia Code chapter 48, article 13. Under this guideline, the court combines both parents' adjusted gross incomes and applies a statewide schedule to that total. The resulting obligation is then split between the parents according to each parent's share of the combined income. Shared parenting time triggers an adjustment to that amount. A family court can set support as part of a case like a divorce or a paternity action. Alternatively, a parent can apply through West Virginia's IV-D agency, the Bureau for Child Support Enforcement, known as BCSE. Contested child support matters go before West Virginia family courts. For parents who apply for its help, BCSE can also establish and enforce orders administratively.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child support works under West Virginia law for people researching before they file. It is not legal advice, and Virdix does not prepare or file West Virginia paperwork. See how Virdix works for California divorces.
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The West Virginia income shares guideline
Under West Virginia Code chapter 48, article 13, courts add together both parents' adjusted gross incomes. A statutory schedule assigns a basic support obligation to that combined figure. The court then splits the obligation between the parents in proportion to each one's income share.
Shared parenting arrangements get an adjustment under the guideline, tied to the number of overnights each parent has with the child. Health insurance premiums and work-related child care costs are added on top.
Applying through the Bureau for Child Support Enforcement
BCSE, the Bureau for Child Support Enforcement, is West Virginia's IV-D agency. Parents can apply through it for paternity establishment, a new support order, or enforcement of an existing one.
If a parent is already in a family court case over divorce or custody, support can be decided directly within that same case.
Which court hears the case
Divorce, custody, and paternity cases that involve contested child support go before West Virginia family courts. In many IV-D cases, BCSE sets up support administratively instead. When a case turns contested, a parent can ask for a family court hearing.
Modifying a West Virginia order
Modification of a West Virginia order requires a substantial change in circumstances since the order was set, such as a significant shift in income or parenting time. BCSE periodically reviews the orders it enforces as well. When reapplying the guideline to current circumstances yields a materially different amount, BCSE can pursue modification.
To seek modification, a parent files with the family court that issued the order, or requests a review through BCSE if the case is agency-managed.
Enforcement
Standard IV-D tools back BCSE's enforcement of West Virginia orders: income withholding, interception of state and federal tax refunds, credit bureau reporting, and license suspension once arrears become significant.
Any parent owed support can open a case with BCSE for enforcement help, even if the original order came from a private family court filing.
Sources: W. Va. Code Chapter 48, Article 13, child support guidelines, West Virginia Bureau for Child Support Enforcement, How to apply for BCSE services
Not independently confirmed
- The exact overnight threshold for West Virginia's shared parenting adjustment should be confirmed against the current statute text at filing time.
- Whether the dhhr.wv.gov BCSE pages have migrated fully to bcse.wv.gov should be confirmed at filing time, since West Virginia's health agency structure has changed in recent years.
Child Support in West Virginia: frequently asked questions
What model does West Virginia use for child support?+
The income shares model, set out in West Virginia Code chapter 48, article 13. It combines both parents' adjusted gross incomes, applies a statewide schedule to that combined amount, and divides the resulting obligation between the parents based on income share.
How do I apply for child support services in West Virginia?+
Apply through BCSE, the Bureau for Child Support Enforcement and West Virginia's IV-D agency. Parents can request paternity establishment, a new support order, or enforcement of an existing one.
Which court hears child support cases in West Virginia?+
Contested support matters tied to divorce, custody, and paternity cases go before West Virginia family courts. BCSE can establish support administratively too, and contested cases can still get family court review.
How do I modify a West Virginia child support order?+
Show a substantial change in circumstances, such as a significant shift in income or parenting time, and file with the family court that issued the order. For agency-managed cases, a parent can instead request a periodic review through BCSE.
Does shared parenting time affect a West Virginia child support calculation?+
Yes. The guideline adjusts based on the number of overnights each parent has with the child, so a more even parenting time split can change the support amount from a standard calculation.
What enforcement tools does West Virginia use for unpaid child support?+
Income withholding, state and federal tax refund interception, credit bureau reporting on arrears, and license suspension once a parent falls significantly behind. A parent owed support can open a BCSE case to start enforcement, regardless of how the original order was obtained.
This page is general information about child support in West Virginia, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with West Virginia's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in West Virginia. Virdix does not prepare or file West Virginia divorce paperwork. It is not a substitute for an attorney licensed in West Virginia.
More West Virginia divorce guides
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