This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

West Virginia — Alimony & Child Support

West Virginia uses a discretionary test — there's no bright-line statutory threshold. A judge or clerk evaluates the factors below and rules based on the full financial and situational picture. The calculator cannot compute a specific answer here, but these are the factors a court will weigh.

What the court will weigh

Gather documentation for the factors that apply to your situation — judges grant waivers more readily when the affidavit is specific.

1. Financial resources of the party seeking support

   The financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party's ability to meet needs independently.

2. Time needed to acquire education or training

   The time necessary for the party seeking maintenance to acquire sufficient education or training to find appropriate employment.

3. Standard of living during marriage

   The standard of living established during the marriage.

4. Duration of the marriage

   The length of the marriage, which typically influences both the amount and duration of any support award.

5. Age and physical/emotional condition

   The age and the physical and emotional condition of the spouse seeking maintenance.

6. Ability of payor to meet own needs

   The ability of the payor spouse to meet his or her own needs while paying maintenance.

7. Contributions to the marriage

   Contributions of each party to the marriage, including homemaking, childcare, and supporting the other spouse's career or education.

8. Tax consequences

   The tax consequences of the maintenance award to each party, including post-TCJA federal treatment (no deduction/no inclusion for orders after 2018).

9. Marital misconduct

   In some states, evidence of marital fault such as adultery or cruelty may be considered; others prohibit fault consideration by statute.

10. Child-care responsibilities

    Whether either party has primary custody of minor children such that employment outside the home would be inappropriate or difficult.

11. Marital fault

    WV § 48-6-301 allows courts to consider marital fault in awarding alimony.

Open the full Alimony & Child Support guide

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West Virginia Does Not Automatically Offset Spousal Support

West Virginia does not automatically offset spousal support against child support; the two obligations are calculated independently under separate statutes. Child support is governed by West Virginia Code § 48-13-101 et seq., which applies a guideline formula based on parental income and other factors. Spousal support is addressed under § 48-6-301, which sets out its own factors for determining an award. Because the law treats these obligations as distinct, a parent cannot simply deduct one from the other. The official source provides the full statutory rule and any exceptions. The worked example below illustrates how the calculation proceeds under the child support guidelines. To estimate your own potential obligations, use the DocketMath calculator.

Governing authority

In West Virginia, the alimony child support rule is set by W. Va. Code § 48-13-101 et seq. (child); § 48-6-301 (spousal). The verified packet cites W. Va. Code § 48-13-101 et seq. (child); § 48-6-301 (spousal) (https://code.wvlegislature.gov/48-13-101/).

West Virginia alimony child support: the verified value is 0% under W. Va. Code § 48-13-101 et seq. (child); § 48-6-301 (spousal). The verified packet cites W. Va. Code § 48-13-101 et seq. (child); § 48-6-301 (spousal) (https://code.wvlegislature.gov/48-13-101/).

Estimate your own result: every situation has exceptions that can change the outcome. Use the alimony child support calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.