Charleston Child Support Lawyers
By statute, West Virginia has recognized that children have a right to share in their natural parents’ level of living. Therefore, child support orders are entered. Generally, the biological parent with the higher earning capacity pays a portion of that income to the other biological parent. However, other factors come into play when the family court calculates child support. The Court considers whether both parents have 127 overnights per year, or more, whether one parent is paying daycare expenses, whether one parent is paying health insurance for the minor child(ren), and whether one parent already has a child support obligation for another child.
At any time, either parent can apply to the Bureau for Child Support Enforcement to have wages garnished of the payor. There are some circumstances that child support can continue past the child reaching the age of 18.
If a parent loses his job for no fault of his/her own, a child support modification order is necessary. Time is of the essence, as the Courts will not retroactively apply a modification.
Child support belongs to the child, not to the parent. Therefore, if one parent wishes to waive child support, it should be done in a particular manner. That the support belongs to the child, and not to the parent does not restrict the receiving parent on what the support money may be utilized for, as long as the support money is aiding the minor child and improving his/her quality of life.