Making Sure a Child Support Order is Followed

Child Support

Last updated on 05/03/2021 at 3:19 pm

The other parent is not paying child support. What can I do?

You have a couple of options:

The West Virginia Bureau for Child Support Enforcement (BCSE) is required to enforce and collect child support. You can contact the BCSE to apply for help. BCSE has a number of ways that they can use to try to collect child support that is due.
You can also file a Petition for Contempt with the Family Court yourself or with a lawyer.

What can BCSE do to help?

BCSE has the authority to:

have income withheld by the parent’s employer,
prepare your Petition for Contempt,
file property liens,
report child support debts to credit agencies,
suspend drivers’ and other licenses,
intercept income tax refunds, and
petition another state for assistance when needed.

The type of action taken by BCSE depends on the individual circumstances of each case.

Are there forms I can use to file a Petition for Contempt on my own?

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

Petition for Contempt
Petitioner’s Civil Case Information Sheet

Instructions for how to fill out the forms can be found here. You will need to attach a copy of the last Court Order setting child support.

You will need to serve these forms on the other parent. Click here for more information about service of process.

How do I find out how much child support money is owed to me?

Child support payments are generally made through BCSE. BCSE can give you a list of the payments already made in your case and the amount the other parent still owes. You should compare your personal records with those from BCSE. Keep in mind that BCSE records may not always be right, especially if the other parent made payments directly to you.

Does someone who doesn’t pay child support lose his parenting time (visitation) rights unless he/she starts paying?

No. Under the law, child support and parenting time or visitation are separate. The failure of one parent to pay child support does not give the other parent the right to restrict or stop parenting time. A court order must be obeyed even if the other parent violates the order.

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