Even if the non-custodial parent lives outside the state of West Virginia, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and West Virginia child support law to collect regular and past-due payments.
The West Virginia Bureau for Child Support Enforcement is the state-run child support enforcement office for West Virginia. The West Virginia Department of Health & Human Services is required by federal law to provide services through the BCSE and is funded by the federal government and the state of West Virginia.
| WEST VIRGINIA CHILD SUPPORT ENFORCEMENT CASELOAD STATISTICS1 | |
|---|---|
| Full Time Equiv. Staff | 531 |
| Total Caseload | 114,708 |
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
West Virginia provides for interest to be charged on late child support payments, retroactive support and adjudicated arrears at a rate of 10% simple interest. (WV Code 56-6-31 and 48-1-302)
Past due child support in West Virginia must be enforced within 10 years from and after date of judgment. Undischarged and accrued support becomes a decretal judgment by operation of law on date and not paid. (WV code 38-3-18)
In West Virginia, paternity actions must occur by the child's 18th birthday or the 21st birthday if actions are brought by the child. (WV code 48-24-101(e)(7))
The age of emancipation in West Virginia is 18 years of age.
Courts may order support extended up to 20 years as long as the child remains in secondary school and is making substantial progress toward a diploma. In some situations, child support may be extended if the child is handicapped.
In West Virginia, the amount of support is determined by the court using a formula called the child support guidelines.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.