West Virginia Child Support Enforcement Resource Center
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.
West Virginia Support Enforcement Measures
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.
- Income withholding
- Suspend an obligor's driver's license and/or commercial driver's license, professional, occupational and/or recreational license.
- Deny a passport or have a passport revoked or restricted
- Report the noncustodial parent to credit reporting agencies
- Charging the noncustodial parent with civil contempt of court or criminal nonsupport
- Require the noncustodial parent to post bond, security or guarantee to insure that he/she pays child support
- Put a lien on the noncustodial parent's property
Who Can Enforce Court Ordered Child Support in West Virginia?
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
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Interest on Missed Child Support Payments
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)
West Virginia Statute of Limitations on Back Child Support Payments (Arrears)
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)
West Virginia Statute of Limitations for Determination of Paternity
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))
Age of Emancipation / Age of Majority in West Virginia
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.
How Are Child Support Payment Amounts Determined in West Virginia?
In West Virginia, the amount of support is determined by the court using a formula called the child support guidelines.
Custody and Visitation Issues
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.
Our clients say...
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.
I found the website for Support Collectors. I figured it probably wouldn't work and a lot of paperwork would be required...Well, there was not a lot of paperwork. It was so easy, I don't know why these other agencies need so much stuff when Support Collectors took the basic information and I had payment coming in in less than 6 weeks (this includes the time that I filed). Support Collectors kept in contact with me and was able to establish a settlement in no time. I was really surprised. I would recommend this service to anyone else (man or woman). The service was excellent.
- Lee M., Alabama
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!
I would highly recommend Support Collectors to anyone who is owed child support. Thank you Support Collectors for doing what I thought was completely hopeless.
- Terry M., Illinois
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.
Don't try to handle this problem on your own with the department of child support services who are drowning in a sea of paperwork, let Support Collectors take care of you personally. The best part is that you don't owe them anything until they get payments for you and believe me, it is worth every penny.
- Teresa H., Illinois