West Virginia child support is a legal obligation for parents to provide financial support for their children. The goal is to ensure that children have the financial resources they need for their well-being, even when their parents do not live together. A court issues a child support order, which is a legal document that outlines how much one parent must pay to the other. This payment helps cover the costs of raising a child, such as housing, food, clothing, and healthcare. The custodial parent, the one with whom the child lives most of the time, typically receives the payments.
Who Can File for Child Support in West Virginia?
Several individuals or entities can start the process of getting a child support order in West Virginia. This ensures that a child receives the financial backing they are entitled to. Those who can file include:
- The parent who has primary physical custody of the child.
- A legal guardian or another individual who has physical custody of the child.
- The Bureau for Child Support Enforcement (BCSE) , which is the state agency responsible for child support services. The BCSE can file on behalf of a child, especially if the child is receiving public assistance .
- A non-custodial parent can also apply for services to establish paternity or a support order.
How is the Amount of Child Support Calculated?
West Virginia uses a specific formula, known as the "Income Shares Model," to determine the amount of a child support payment. This model is designed to ensure that the child receives the same proportion of parental income they would have received if the parents lived together. The calculation is based on a worksheet that considers several key factors.
First, the court calculates each parent's adjusted gross income. Gross income includes earnings from all sources, such as wages, salaries, bonuses, and self-employment income. Certain deductions are allowed, like payments for previously ordered child support for other children.
Next, the parents' adjusted gross incomes are combined. This combined income is then applied to West Virginia's Schedule of Basic Child Support Obligations. This chart shows the basic child support obligation for a given number of children at different income levels.
Finally, this basic obligation is divided between the parents based on their percentage share of the combined income. For example, if one parent earns 60% of the combined income, they will generally be responsible for 60% of the basic support obligation. The formula also accounts for additional expenses, such as the cost of health insurance for the child and work-related childcare costs. The parent who doesn't have the child most of the time makes the support payment to the custodial parent.
What is the Bureau for Child Support Enforcement (BCSE)?
The West Virginia Bureau for Child Support Enforcement (BCSE) is the state agency that handles all aspects of child support. It provides a range of services to help parents and guardians secure financial and medical support for children. Think of the BCSE as the main resource for everything related to West Virginia child support.
Some of the key services the BCSE provides include
- If one parent's location is unknown, the BCSE has tools to find them.
- For children born to unmarried parents, the BCSE can help legally establish who the father is, which is a necessary step before a child support order can be created.
- The agency helps parents get a formal, legally-binding child support order through the court system.
- If a parent fails to make their required child support payments , the BCSE can take action to collect the money owed.
- The BCSE can help parents review and request changes to their existing child support order if their financial situation changes significantly.
You do not need to hire a lawyer to use the BCSE's services, and there is currently no application fee in West Virginia.
How Long Does Child Support Last?
In West Virginia, a parent's obligation to pay child support typically continues until the child turns 18. However, some exceptions can extend this timeline. A judge can order support to continue until the child is 20 if the child meets all of the following conditions:
- They are not married.
- They are a full-time student in high school (or an equivalent vocational program).
- They are making good progress toward graduation.
- They live with a parent, guardian, or custodian.
Furthermore, if a child has a physical or mental disability that prevents them from being able to support themselves, a judge may order child support to continue indefinitely, well beyond the age of 18.
Can a Child Support Order Be Changed?
Yes, a child support order can be changed, or "modified." Life circumstances change, and the law recognizes that a support order from years ago might not be fair or appropriate today. Either parent can petition the court for a modification. To be successful, the parent must show that there has been a "substantial change in circumstances" since the last order was issued.
What counts as a substantial change? Here are some common examples:
- A significant increase or decrease (at least 15%) in either parent's income.
- The loss of a job or a major career change.
- A change in the child's physical custody arrangement.
- Increased needs for the child, such as new medical expenses or educational costs.
- The parent paying support becomes incarcerated for six months or more.
- It has been at least three years since the order was reviewed, and a new calculation would result in an amount that is more than 10% different.
Parents can also request a review of their child support order through the BCSE every three years. The agency will review the case and determine if a modification is warranted.
What Happens if a Parent Doesn't Pay Child Support?
When a parent fails to make their required child support payments, the past-due amount is called "arrears." The Bureau for Child Support Enforcement has several powerful tools to enforce a child support order and collect these arrears. These enforcement actions can include:
- Income Withholding: This is the most common method. The BCSE can order the non-paying parent's employer to automatically deduct the support payment from their paycheck.
- Tax Refund Intercept: The agency can intercept state and federal tax refunds to cover unpaid child support.
- License Suspension: Professional licenses, driver's licenses, and recreational licenses (like for hunting or fishing) can be suspended or denied.
- Liens on Property: A lien can be placed on real estate or personal property, such as a car or bank account. This means the property cannot be sold or refinanced until the child support debt is paid.
- Credit Bureau Reporting: Delinquent payments can be reported to credit bureaus, which can negatively impact the parent's credit score.
- Contempt of Court: In serious cases, a judge can find the non-paying parent in contempt of court, which can lead to fines or even jail time.
It is a serious offense to willfully fail to pay child support in West Virginia. Parents who fall behind on payments should contact the BCSE immediately to discuss their options.
Does Remarriage Affect Child Support?
A parent's remarriage, by itself, does not automatically change the amount of child support. The income of a new spouse is not included in the child support calculation. The legal responsibility to support a child rests with the child's biological or adoptive parents, not with a stepparent.
However, a remarriage can sometimes indirectly affect a child support order. For example, if a parent's living expenses decrease significantly because their new spouse covers most household bills, the other parent could argue that this represents a change in financial circumstances that warrants a modification. Similarly, if a parent has new children from a new marriage, a judge might consider the financial obligation to those children when reviewing a support order. These situations are complex, and a judge will look at all factors before making a decision.
What If the Other Parent Lives in Another State?
Even if the non-custodial parent moves out of West Virginia, they are still obligated to pay child support. Every state has laws and agreements in place to enforce child support orders across state lines. The Uniform Interstate Family Support Act (UIFSA) is a law that helps states work together on child support cases.
The West Virginia BCSE can work with the child support agency in the other parent's state to establish or enforce a support order. They can use the same enforcement tools, like income withholding and tax refund intercepts, regardless of where the parent lives. The key is to provide the BCSE with as much information as possible about the other parent's location and employment.
What is a "Good Cause Exception" for Public Assistance Recipients?
When a parent applies for certain types of public assistance , such as WV WORKS (TANF), they are generally required to cooperate with the BCSE to establish paternity and secure a child support order. This is because the state seeks to be reimbursed for the assistance it provides.
However, there is an important exception for victims of domestic violence. If a parent has a legitimate fear that pursuing child support could put them or their child in physical or emotional danger, they can request a "good cause exception." If the state grants this exception, the parent can receive public assistance without having to cooperate with the BCSE in a child support case against the other parent. This is a critical protection designed to ensure the safety of vulnerable families.