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West Virginia Child Support Questions & Answers
Q: Can father get 50/50 custody after moving out of state?
My daughter is 12 years old, and her father recently moved out of state, reducing his visitation to every other weekend from what was previously every other weekend and one overnight on the off weeks. I've requested an increase in child support to cover added expenses as I am now primarily... View More 
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James L. Arrasmith
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answered on Oct 11, 2025
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answered on Oct 11, 2025
It’s understandable to feel frustrated when your child’s routine and support needs change after the other parent moves away. When one parent relocates out of state, courts usually focus on what arrangement serves the child’s best interests, not simply what the parent requests. A 50/50 custody... View More
Q: Can child support payments be reduced due to increased custody and decreased income?
I have been keeping my kids 3 nights per week for the past 1 year and 3 months, while their mother is supposed to have them according to our court-ordered agreement. I do this because she works overnight shifts. The child support order was established 1 year and 3 months ago, and since then, my... View More
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James L. Arrasmith
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answered on Sep 15, 2025
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answered on Sep 15, 2025
Yes, changes in custody arrangements and income can affect child support payments. Since you are now keeping your children more nights than originally ordered and your income has decreased, you may have valid grounds to request a modification of the child support order. Courts generally consider... View More
Q: Warrant issued due to non-service of child support court papers, seeking resolution steps.
I was never served court papers for a child support hearing scheduled four months ago, and now I have a warrant. The court has my correct address, and I’ve never had issues receiving court documents before. I contacted the court clerk, who advised me to come in with my photo ID to resolve the... View More
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James L. Arrasmith
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answered on Sep 11, 2025
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answered on Sep 11, 2025
You should go to the court as the clerk advised, bringing a valid photo ID and any proof that you reside at the correct address. Explain that you were never served the court papers for the child support hearing and provide any documentation showing that you reliably receive mail from the court.... View More
Q: How much child support will I pay with 50/50 custody in WV?
I am trying to figure out how much child support I might be required to pay monthly. My ex and I share custody of our two children equally with a 50/50 arrangement, although there is no formal custody order in place currently. I earn approximately $82,000 annually, while my ex earns around $35,000... View More
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James L. Arrasmith
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answered on Sep 11, 2025
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answered on Sep 11, 2025
In West Virginia, child support is calculated based on the **income shares model**, which considers both parents’ incomes and the amount of time each parent spends with the children. Since you and your ex share custody equally, a 50/50 arrangement can reduce the typical support obligation because... View More
Q: Is it abandonment if the father blocks communication and visitation?
I live in West Virginia with my child, who was born in 2023. The father resides in Virginia. In 2024, paternity and child support were established through West Virginia courts. The father has blocked all forms of communication I used to reach him and has only met the child once as a newborn. There... View More
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James L. Arrasmith
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answered on Aug 29, 2025
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answered on Aug 29, 2025
In West Virginia, abandonment is generally defined as a parent intentionally failing to maintain contact or provide care for a child over a significant period of time. Since the father has blocked communication, avoided visitation, and shown little involvement since the child’s birth, those facts... View More
1 Answer
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Domestic Violence, Child Custody, Child Support and Family Law
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West Virginia
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Q: Could pursuing child support affect custody and visitation rights?
I'm a victim of human trafficking and severe domestic violence from my daughter's biological father, and I've had full legal and physical custody since 2017, with a restraining order that includes my daughter. My daughter, now 9, has had minimal contact with her biological father and... View More
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James L. Arrasmith
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answered on Jul 24, 2025
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answered on Jul 24, 2025
Your concern is completely valid, especially given the history of abuse and the protective order that's already in place. In many states, including those with strong protections for survivors, a parent can still pursue child support without automatically triggering a change in custody or... View More
Q: Why did court keep my son in foster care despite no abuse findings?
I filed for child support, and in retaliation, my son's mother accused me of domestic violence, claiming I abused her—not our son—which led to CPS involvement. Despite no findings of abuse or neglect and after completing necessary home improvements, the court decided on July 1st to keep my... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You’ve shown that no formal finding of abuse or neglect occurred, but the court’s priority is your son’s immediate safety and stability once CPS brings a dependency petition. At the initial status hearing, the judge may find that unresolved risk factors or the mother’s instability justify... View More
Q: My boyfriend is required to back child support which his kids are now over 18and the medical bills
The court is requiring him to pay the bills that Medicaid has already paid. Is this legal?
Paul Ylvisaker
answered on Jan 2, 2021
answered on Jan 2, 2021
Yes. Under Medicaid law, amounts for medical or funds spent on behalf of children, i.e., public assistance, will be collected. Public assistance funds and child support arrears funds collected are one of the metrics each state is measured on for future federal aid. The fact that the children are... View More
Q: I have children 4 children that I pay child support to in WV, I live in Ohio. Now 2 of the kids (15 &18) are both living
with me in Ohio. And the younger 2 (12 & 7) are living with ex-wife in WV. Do I have to petition the WV court to have support reduced or can that be done in OH?
R. Scott Patterson
answered on Jul 29, 2017
answered on Jul 29, 2017
Ordinarily you would petition the court that issued both the custody and support orders, particularly since WV is close to OH. That would be the cleanest way of getting eveything done at one time. It would be unlikely that a court would modify the child support unless you had legal as well as... View More
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