W. Va. Code » §48-13-101. Guidelines to ensure uniformity and increase predictability; presumption of correctness.
West Virginia Code

W. Va. Code § 48-13-101 (2026)

Guidelines to ensure uniformity and increase predictability; presumption of correctness

✓ current as of May 2026
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ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.

PART 1. GENERAL PROVISIONS.

§48-13-101. Guidelines to ensure uniformity and increase predictability; presumption of correctness.

This article establishes guidelines for child support award amounts so as to ensure greater uniformity by those persons who make child support recommendations and enter child support orders and to increase predictability for parents, children and other persons who are directly affected by child support orders. There is a rebuttable presumption, in any proceeding before a court for the award of child support, that the amount of the award which would result from the application of these guidelines is the correct amount of child support to be awarded.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2005–2025 · leading case: Soulsby v. Soulsby, 664 S.E.2d 121 (W. Va. 2008).
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Soulsby v. Soulsby, 664 S.E.2d 121 (W. Va. 2008). · cites it 10× “Furthermore, Mrs. Soulsby states that, as a whole, the amount of a support obligation derived from the application of the child support guidelines to a particular case is presumptively correct, W.”
In Re Ryan B., 686 S.E.2d 601 (W. Va. 2009). · cites it 8× “Code, § 48-13-101, et seq. [2001]. If the circuit court finds, in a rare instance, that it is not in the child's best interest to order the parent to pay child support pursuant to the Guidelines in a specific case, it may disregard the Guidelines to accommodate the needs of the…”
In The Interest Of J.L., Jr., 763 S.E.2d 654 (W. Va. 2014). · cites it 8× “— Any order establishing a child support obligation in an abuse and neglect proceeding must use the Guidelines for Child Support Awards found in W. Va.Code § 48-13-101 et seq. The Guidelines may be disregarded, or the calculation of an award under the Guidelines may be adjusted,…”
Clifford K. v. Paul S., 619 S.E.2d 138 (W. Va. 2005). · cites it 2× “Likewise, a man who acknowledges that he is the subject child's father will be legally declared as such: "A written, notarized acknowledgment executed pursuant to the provisions of section twelve [§ 16-5-12], article five, chapter sixteen of this code legally establishes the man…”
Skidmore v. Skidmore, 691 S.E.2d 830 (W. Va. 2010). · cites it 2× “If application of the guideline would result in a new order that is more than fifteen percent different, then the circumstances are considered a substantial change.”
Hall v. Hall, 818 S.E.2d 838 (W. Va. 2018). · cites it 2× “Code , § 48-13-101, et seq. [2001]. If the circuit court finds, in a rare instance, that it is not in the child's best interest to order the parent to pay child support pursuant to the Guidelines in a specific case, it may disregard the Guidelines to accommodate the needs of the…”
Romano v. Greve, 724 S.E.2d 331 (W. Va. 2012). · cites it 8× “Greve’s], as the case may be) child support obligation for 2007, using the Guidelines for Child Support Awards promulgated as W. Va.Code § 48-13-101, shall be calculated based upon the parties’ respective incomes for 2006.”
In Re: D.h.-1, G.h., B.h., & A.H. (W. Va. 2017). · cites it 2× “Code, § 49-6-5(a)(6) [now West Virginia Code § 49-4-604], must ordinarily require that the terminated parent continue paying child support for the child, pursuant to the Guidelines for Child Support Awards found in W.”
Amanda B. v. Hakeem M. (W. Va. 2021). · cites it 2× “The family court calculated the total child support obligation 2 See generally W. Va. Code §§ 48-13-101 to -804 (2015). 2 to be $1,568.”
In Re K.h.-1, Z.h., N.h., C.h., & W.H. (W. Va. 2025). · cites it 2× “” At the outset, we note that “[a] circuit court terminating a parent’s parental rights pursuant to [West Virginia Code 49-4-604(c)(6)], must ordinarily require that the terminated parent continue paying child support for the child, pursuant to the Guidelines for Child Support…”
Christopher M. v. Lucia M. (2025). · cites it 2× “” W. Va. Code § 48-13-101 (2001). Giving due deference to the family court’s factual findings and credibility determinations, we are unable to find an abuse of discretion or clear error in the family court’s award of child support.”
Christopher F. v. Erin F. (W. Va. 2016). “[§§ 48-13-101 et seq.], of this chapter.”).”
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