Child Support is the money that a parent pays to help support a child that does not live with them most of the time. The child might live with the other parent, or with someone else. Under West Virginia law, every child has a right to be supported by both parents.

One or both legal parents may be ordered by the Family Court to pay child support. This article has more information about who is a legal parent and paternity. Typically, one parent has to pay a certain amount of money to the parent the child lives with most of the time. If the child does not reside with either parent, both parents may be ordered to pay child support to the person the child lives with, like a grandparent or other relative.

Child support is all based on the child support formula. The amount of support depends on several things, like the amount of time the child spends with each parent, the gross incomes of both parents, expenses for the child, and the number of children.

You have to bring some type of legal case in Family Court to get an order for child support. You can file a case just to get child support. Also, the Family Court can order child support in these types of cases:

• Divorce;
• Paternity action;
• Domestic violence protective order; and
• Child custody.

The West Virginia Bureau for Child Support Enforcement (BCSE) can help you file the paperwork to get child support. BCSE is required to assist both parents with the paperwork. BCSE does not represent either parent. BCSE represents the state of West Virginia. There are local BCSE offices in each county.  BCSE has an application for services you can fill out online or on paper.

You can also ask a lawyer to help you or you can file on your own.

Yes. These forms must be filled out and filed with the Circuit Clerk’s Office:

• Petition for Support
• Petitioner’s Civil Case Information Sheet
• Financial Statement
• BCSE Application and Income Withholding Form
• Fee Waiver, if you can’t afford to pay the filing fee

All of these forms can be found on the website for the West Virginia Supreme Court of Appeals or you can go to the Circuit Clerk’s office to ask for a copy.

You will need to serve these forms on the other parent. This is called service of process.

Again, BCSE can help you file your case to get child support if you apply for their services.

Child support is set with a formula that is based on the gross income of both parents (there is no deduction for taxes or living expenses) and other factors.

Other factors include:

1. The number of children;
2. Other dependent children of each parent (under some circumstances);
3. Cost of medical insurance premium for the child paid by a parent.
4. Day Care costs;
5. Other child support obligations (orders) of the parents;
6. The number of overnights that the child spends with each parent (this is only considered if the number is greater than 127 overnights);

Special rules apply if the child gets Supplemental Security Income (SSI) or gets Social Security benefits because a parent is drawing disability.

The law allows the judge to disregard the formula under some circumstances.

The Family Court can “attribute” income to a parent in setting child support using the formula. There are specific rules about this. The court is supposed to consider the “specific circumstances” of the parent who is not working, or not working full time.  When the court is deciding whether to “attribute” income, this means the court can consider things like the parent’s assets, home, employment history, job skills, education, age, physical or mental health, criminal record, and availability of work in the local area.

Generally, if the parent who has to pay child support (1) voluntarily leaves a job, (2) is able to work, and (3) is not seeking employment, the Family Court will attribute income to that parent based on the assumption that the parent is working not less than a full-time job (40 Hours a week) at the federal minimum wage rate. The Family Court probably won’t attribute income if the reason the parent isn’t working is because he or she is taking care of a young child or a child with a disability or if the parent is a full-time student. The court can decide that other reasons exist that mean that the attributed income should be decreased.

If the parent who is supposed to pay child support is incarcerated, that parent should not be attributed income during incarceration.

The hearing is held in Family Court in front of a Family Court Judge. An attorney for BCSE will also be at the hearing. At the hearing you and the other parent will each have a chance to provide information. Bring financial information to support what you are asking for, such as your most recent:

• Pay stubs, W-2s, income tax returns;
• Social security statements if you get disability;
• Bank statements;
• Child care expense receipts; and
• Medical care expense receipts.

The Family Court will apply the income and expense information to the child support formula.

Yes. You do not have the right to disobey a court order for child support. If there is a court order that says you should have parenting time or visitation with the child, you can file a Petition for Contempt against the other parent if he or she isn’t following the court’s order. Sometimes, child support is set by a court, but neither parent asks the court to deal with custody. You may need to file separate court paperwork to establish custody.

Parental rights can be terminated in just 2 ways: (1) someone adopts the child or (2) a Circuit Court terminates parental rights for abuse or neglect in an abuse and neglect case.

All orders must provide for automatic withholding of income by the BCSE from the parent who is paying child support. Income-withholding is similar to a “garnishment”. BSCE will send a notice to the employer of the parent who has to pay child support. The notice will include the amount of income that should be withheld from each paycheck to meet the child support obligation.

Payments can be mailed to the BCSE at P.O. Box 347, Charleston, WV 25301.

Payments can also be made at any DHHR office.

Making payments directly to the other parent is not permitted unless the Family Court order specifically allows it.

Under West Virginia law, an employer is required to withhold the amount stated in the Income Withholding Notice sent by the BCSE, provided that it does not exceed the following percentages of your net income: 40% if you are supporting a spouse or dependent child; 50% if you are not. An additional 5% is added if you owe at least twelve weeks of child support arrears, i.e. 55% or 45%.

Note: Court-ordered child support is owed and must be paid even if it is not withheld from your wages.

In most cases, BCSE can provide information and answer questions. Contact your local BCSE Office or customer service at 1-800-249-3778. The BCSE website provides answers to many questions and the location of local offices.

BCSE can “redirect” child support to another person who applies for BCSE services based on the fact that the child lives with him or her. The person does not have to have legal custody to have child support sent to him/her.

The BCSE has many ways to locate people, if they have enough information. You should cooperate and give the BCSE as much information as possible, such as SSN, date of birth, employment information, maiden name or aliases, nicknames, and cities and States where he/she lived.

Yes. BCSE will work with the other State child support agency to establish, collect and enforce a child support order. In many cases, the BCSE can collect child support by sending a withholding order (garnishment) directly to the employer in the other state.

You should ask the DHHR Worker for a “Good Cause” determination. If approved, you do not have to cooperate with the BCSE services in order to receive benefits (WV Works, Medicaid, etc.).

West Virginia Bureau for Child Support Enforcement-The BCSE website provides answers to many questions and gives the locations of local offices.

West Virginia Bureau for Child Support Enforcement- A Parent’s Guide to Child Support.