§48-13-701. Rebuttable presumption that child support award is correct.
The guidelines in child support awards apply as a rebuttable presumption to all child support orders established or modified in West Virginia. The guidelines must be applied to all actions in which child support is being determined including temporary orders, interstate (URESA and UIFSA), domestic violence, foster care, divorce, nondissolution, public assistance, nonpublic assistance and support decrees arising despite nonmarriage of the parties. The guidelines must be used by the court as the basis for reviewing adequacy of child support levels in uncontested cases as well as contested hearings.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 13. Guidelines for Child Support Awards
§48-13-101. Guidelines to Ensure Uniformity and Increase Predictability; Presumption of Correctness
§48-13-102. Right of Children to Share in Parents' Level of Living
§48-13-103. Financial Contributions of Both Parents to Be Considered
§48-13-201. Use of Both Parents' Income in Determining Child Support
§48-13-202. Application of Expenses and Credits in Determining Child Support
§48-13-203. Amount Determined by Guidelines Presumed to Be Correct
§48-13-205. Present Income as Monthly Amounts
§48-13-301. Determining the Basic Child Support Obligation
§48-13-302. Incomes Below the Table for Determining Basic Child Support Obligations
§48-13-303. Incomes Above the Table for Determining Basic Child Support Obligations
§48-13-401. Basic Child Support Obligation in Basic Shared Parenting
§48-13-402. Division of Basic Child Support Obligation in Basic Shared Parenting
§48-13-403. Worksheet for Calculating Basic Child Support Obligation in Basic Shared Parenting Cases
§48-13-404. Additional Calculation to Be Made in Basic Shared Parenting Cases
§48-13-501. Extended Shared Parenting Adjustment
§48-13-502. Extended Shared Parenting Worksheet
§48-13-503. Split Physical Custody Adjustment
§48-13-601. Adjustment for Child Care Tax Credit
§48-13-602. Adjustment for Child Health Care
§48-13-701. Rebuttable Presumption That Child Support Award Is Correct
§48-13-702. Disregard of Formula
§48-13-703. Restructuring of Payments Upon Release of Inmate
§48-13-801. Tax Exemption for Child Due Support
§48-13-802. Investment of Child Support