Divorce Guide

West Virginia Divorce Support

West Virginia divorce support issues are settled by the court according the state divorce laws. Court has the discretion to decide on the divorce support whether it is the spousal support, child support and distribution of property. All these issues are related to each other and the decision of the court in these three matters depend on each other. The West Virginia divorce support largely depends on the requirement of the spouses to support their living and the income sources. That is the reason that the decision of the court regarding the divorce support varies from one case to the other. As these factors are not constant and change over a period of time, the judgment of the court can also be modified in future if the circumstances change in course of time.

West Virginia spousal support – Spousal support is provided by one spouse to the other after the legal separation and as per the decision of the court. Spousal support is not a mandatory support and it essentially depends on the discretion of the court. In the state of West Virginia, spousal support is awarded by the court according to the West Virginia Code - Sections: 48-6-301, 48-8-104. The nature of the support and the amount required for the spousal support is decided by the court after considering different factors including the following points.

• Duration of the marriage and role played by both the spouses during that period in home making and rearing the child.
• Conduct of the spouses during the time of the marriage and if there is any fault on part of either of the parties.
• Standard of living attained during the marriage and financial requirement to maintain that standard.
• Other financial obligations, tax, and insurance costs.
• Marital and other properties held by the parities and income from those properties.
• Chance of acquiring assets in future as gift or legacy.

West Virginia child support – Child support is decided by the court according to the West Virginia Code - Sections: 48-13-301, 48-13-702. Child support is calculated in West Virginia on the basis of the Income Shares Model. The court first of all decides on the amount of the child support that is required to maintain all the expenses towards the food, care, cloth, shelter, treatment and insurance of the child. Then that amount is divided between the parents according to their income. Then these two amounts are compared with each other to decide who will pay for the child support. For the calculation of the amount of the child support the court depends on the worksheet available and to know about the income of the parents the court scrutinizes the previous W-2's.

Property division in West Virginia divorce – In the state of West Virginia properties are distributed by the court between the spouses according to the West Virginia Code - Sections: 48-5-604, 48-5-612, 48-7-101. Being an equitable distribution state, the properties in West Virginia are divided equitably by the court after considering the financial capacity and earning of both the parties.

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