Yes. The court can and will order child support without the non-custodial parent being present.
Generally, if the non-custodial parent fails to appear in court and no information has been received through the BCSE’s many resources regarding wage(s), the support order will be based on the non-custodial parent having a job that pays the Federal minimum wage and working 30 hours per week.
Giving the child (or the obligee) something directly is considered a gift and the obligor will still owe the full amount of court ordered child support to the support collection agency.
Yes! Custodial and non-custodial parents are required to notify the BCSE promptly, and in writing, of any change in address, even if he/she is receiving payments by direct deposit. Failure to notify the BCSE of a change of address when he/she moves can result in delays in receiving payments, refunds and important case information. Address changes can be reported by contacting his/her local BCSE county office or the BCSE Customer Service Unit.
No. The child support obligation continues in accordance with the court order regardless of where the child lives. Failure by the obligor to pay the child support obligation can result in contempt actions and the obligor could be put in jail (depending on the circumstances and amount of arrears). If the child moves, the BCSE will assist with redirecting the child support to the new caretaker/obligee. There are specific criteria for different circumstances that must be met before the BCSE will redirect the child support.
Yes. West Virginia currently charges 5% simple interest on arrears.
If you are not receiving public assistance (TANF) you can send a signed letter requesting that your case be closed to your local BCSE county office. Please include either your BCSE case identification number or your Social Security number whenever you contact the BCSE. Please note, however, this will only close the case with the BCSE. The obligor will still be responsible for the child support obligation established by court order.
Child support cases may be audited for a number of reasons. A case is audited to ensure correct balances.
No. Unless your court order clearly states that a separate amount of support is ordered for each child, the amount will remain the same until the youngest child turns 18 or graduates.