Child Support Orders

• A West Virginia Court will issue a child support order to a non-custodial parent during a paternity, separation or divorce proceeding. Child support is calculated based on the parents' income, the percentage of that income earned by the income, the number of children the non-custodial parent is providing support for and any extraordinary educational expenses or childcare costs. The support order remains in place until the child turns 18. However, if the child is still enrolled in high school and is actively working towards a diploma, child support can continue until the child is 20 years old. An order only terminates before age 18 if a child is emancipated by marriage or enlistment in the military or if the non-custodial parent becomes the custodial parent.
  
  

Statute of Limitations

• West Virginia's statute of limitations on child support collections is ten years, as set forth in Section 38-3-18 of the state's Code. This means that ten years from the date a payment was past due, the Bureau cannot collect it. If the Bureau is able to collect, the funds collected are applied to the oldest back support permitted so less support goes uncollected because of an expired statute of limitations.
  
  

Monetary Enforcement

• The Bureau of Child Support Enforcement, a division of the West Virginia Department of Health and Human Services, is funded by the state and federal governments as required by law. In order to deter parents from missing payments, the Bureau can assess interest on all back support at ten percent per year. When a parent still fails to pay, the Bureau can issue an income withholding order to the parent's employer. The employer will be required to deduct the regular child support payment plus an additional percentage to pay down any back support and interest accrued. The withheld amount is then automatically deposited into the owed parent's bank account. This is the best way to keep payments current and collect back support. If the back support is substantial, the Bureau may also seize any federal or state tax refunds the owing parent was expecting. Additionally, a lien can be placed on any of the parent's property. If the parent sells that property, back support must be paid from the proceeds before any money is disbursed to the parent.
  
  

Deterrence Methods

• In addition to collecting the back support, the Bureau may penalize the parent by ordering suspension of his passport, driver's license, any professional licenses and any recreational licenses. This serves to deter that parent from missing any further support payments. The parent must pay the back support in order to get the passport and/or licenses reinstated.
  
  

Judicial Enforcement

• The parent failing to pay child support can be charged with civil contempt for violating the court's support order, as well as criminal nonsupport of a child. If convicted, the parent can be ordered to pay a fine and serve time in jail, depending upon the amount of child support that is unpaid. In addition, the parent will still be required to pay all back support, as allowed by the statute of limitations.