West Virginia Code § 48-1-202

Adjusted gross income defined
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(a) "Adjusted gross income" means gross income less the payment of previously ordered
child support, spousal support or separate maintenance.
(b) A further deduction from gross income for additional dependents may be allowed by the
court if the parent has legal dependents other than those for whom support is being
determined. An adjustment may be used in the establishment of a child support order or in a
review of a child support order. However, in cases where a modiufication is sought, the
adjustment should not be used to the extent that it results in a support amount lower than
the previously existing order for the children who are the sutbject of the modification. The
court may elect to use the following adjustment because it allots equitable shares of support
to all of the support obligor's legal dependents. Using the income of the support obligor only,
determine the basic child support obligation (from the table of basic child support
obligations in section 13-301 of this chapter) for the number of additional legal dependents
living with the support obligor. Multiply this fsigure by 0.75 and subtract this amount from
the support obligor's gross income.
(c) As used in this section, the term g"legal dependents" means:
(1) Minor natural or adopted children who live with the parent; and
(2) Natural or adopted adult children who are totally incapacitated because of physical or
emotional disabilities and for whom the parent owes a duty of support.

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