West Virginia State Laws on Back Child Support

There are times when a non custodial parent is ordered to pay child support and they do not. In West Virginia, whether they get behind because of a job loss or other valid reason, or they simply choose not to pay, there are ways to get money from the parent, including backpay.

  1. Enforcement

    • If a non custodial parent is behind on child support, West Virginia law allows several things to happen in hopes of getting the parent to begin payment. If the parent is working at a job and can be tracked, past due child support can be held by wage garnishment or income withholding. The state can also suspend a driver's license, deny a passport, and report the past due to credit agencies. West Virginia also allows liens on property to pay back child support.

    Interest

    • In the state of West Virginia, if child support is in arrears, then the state can add on 10 percent simple interest to the amount owed.

    Statute of Limitations

    • There are two statute of limitations regarding back child support. The first is the statute of limitations on claiming past due support. You have 10 years to sue anyone for back child support. You also have until the child is 18 to be able to do a paternity test if you are a parent. If a child wants to run a paternity test, they can do so up until they are 21 years of age.

    Visitation

    • Even if the non custodial parent is in arrears for child support, the parent with custody shall not deny the other parent visitation. Visitation and child support are two separate issues that the court will address.

    State of Residence

    • For child support enforcement, where the child lives is the only thing considered. If a parent lives in another state and is in arrears, the law requires cooperation within states, so the parent can still have child support enforced by West Virginia

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