Child Support is the money that a parent pays to support a child who does not reside 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.
Furthermore, one or both legal parents may be mandated by the Family Court to pay child support. Generally, one parent has to pay a certain amount of money to the parent the child lives with most of the time. However, 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 primarily based on the child support formula. The amount of support depends upon several factors, such as 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.
What Questions Will the Court Consider in Child Support Cases?
Firstly, child support is a complicated matter and requires professional legal assistance. To best meet your child’s needs, make sure to seek out the most suitable attorney. Child support must cover all your child’s primary needs, including clothing, food, shelter, medical expenses, education, and others. It is important to note that the paying parent is not responsible for any luxurious items or the non-paying parent’s costs.
The court will prioritize the child’s best interests. Thus, during a child support battle, you will need to answer several questions:
- When it comes to the child’s basic needs, how will they be accommodated?
- The financial situation of the parents;
- In general, what does your expenditure look like?;
- How is the communication between you and your spouse? and;
- Are there any existing arrangements?.
It is crucial to understand that using child support for personal matters is strictly prohibited by law. If you ever notice such behavior, you must report it immediately to the court. Preparing for child support hearings is necessary to enter into the child support battle fully aware of any issues that might arise.
The way that custody cases are approached can vary in each jurisdiction. Some states require parents to attend mediation before a court will hear the case. Through mediation or private conversations, the parents may be able to decide on such issues as child custody, visitation, and child support. The judge may grant greater deference to agreements reached by the parents. But, some states do not mandate that the judge make an order consistent with the agreement if they do not believe that the agreement is in the child’s best interests or if the child support is not under state regulations.
Reaching an agreement outside of court can be preferable on many levels. For instance, visitation schedules can be made to specifically coordinate with the parents’ work schedules.
Additionally, legal expenses tend to be less when lawyers do not have to argue the case in front of a judge. However, if the parents are not able to agree, they will likely have to attend court for a hearing in which the judge will make decisions regarding custody. They will document decisions by making an order that states their mandates in writing.
Why Hire a Child Support Lawyer?
There can be many reasons to hire a child support lawyer. Firstly, child support lawyers assist you in filing your case and guide you with any issues you may face. Furthermore, they can help you to establish a child support order. This can be particularly wise when you have child support issues with your former spouse. It can be critical if you have other problems with your former partner that concern your child.
A lawyer can help:
- Locate your former spouse;
- Serve them with a legal notice that you want child support;
- Document any income your former partner receives and;
- Determine the financial information you need to correctly calculate a child support obligation for your former spouse.
Issues such as child custody and visitation are important and often need to be resolved through the court system. For these types of problems, you can hire a lawyer who is experienced in family law matters.
Who Can Help Me File for Child Support?
The West Virginia Bureau for Child Support Enforcement (BCSE) can assist you to file the necessary paperwork to receive child support. BCSE is required to assist both parents with the paperwork.
Keep in mind that 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 ask a lawyer to help you if you require further assistance or you may file on your own.
What Happens If You Are Past Due in Your Child Support Payments?
If you do not pay child support, the other parent or the West Virginia Bureau for Child Support Enforcement (BCSE) may file paperwork to bring you back to court. This is called a Petition for Contempt. After hearing the evidence, the Family Court may find you in contempt of court.
Examples of what might happen in that case include:
- the court ordering your employer to take part of your paycheck or unemployment benefits to pay for the child support;
- loss of your driver’s license;
- your tax refunds could be taken; or
- liens could be placed against your property
If you are behind in your child support and the Family Court finds you willfully failed to pay, you could go to jail. The type of action taken by the Family Court and the BCSE depends on the individual circumstances of your case.
When Can You Stop Paying Child Support?
The Bureau of Child Support of West Virginia states that you still need to pay child support if your child is still in high school. This is true until the child has completed the school year during which the child turns 19. Generally, you can halt child support for a child when your child turns 18 and is living on their own. However, if your child support order is for more than one child, you cannot stop paying part of the order without the Family Court’s approval.
Furthermore, You will need to return to the court and explain that one of your children has turned 18 and you would like to modify the support order. When the relationship between a child’s parents ends, it does not end both parents’ responsibility for their child. Both parents remain financially and legally obligated to their child whether the parents live together, separately, or separately from their child.
The Bureau for Child Support Enforcement establishes paternity (a legal determination of the father of the child) and supports and enforces support from a child’s parent. Additionally, The Bureau enforces court orders for spousal support or alimony. If a parent is unable to pay the full support amount, the parent can apply for a modification of the support amount. However, The law does not allow modification unless there has been a substantial change in circumstances.
When Do I Need to Contact a Lawyer?
If you reside in West Virginia and have issues with child support please do not hesitate to contact a West Virginia child support attorney. A lawyer can provide you with legal advice and representation for your case.
