West Virginia Notice of Determination of Controlling Order and Instructions
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How to fill out Notice Of Determination Of Controlling Order And Instructions?
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FAQ
In West Virginia shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
Both Parents Pay Child Support In West Virginia, both parents are responsible for the care and support of their child. The amount of child support you have to pay or will receive depends on the number of children you have and the combined income of both parents.
However, you must complete the guidelines and show the presumptive amount and then explain the rebuttal in the comments section of the guidelines. Parents cannot agree to waive a parent's child support obligation.
Now, judges could go along with agreements with regards to child support, but it's really going to vary from judge to judge as to whether that's acceptable. Often in West Virginia, it's very customary in family court, even when there is some sort of agreement, that the court still applies the child support formula.
§48-13-301. Determining the basic child support obligation. West Virginia Monthly Basic Child Support Obligations (Adjusted for West Virginia's Income Relative to U.S. Averages)COMBINED GROSS MONTHLY INCOMEONE CHILDTWO CHILDREN13002313521350239365140024737719 more rows
(2) A person who repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in twelve months without payment of support that ...
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.