Last Updated on October 25, 2023 by Lori Pace
There are many reasons why a parent and child’s relationship may end. Although they may have separated or divorced, the obligation to their child does not change. Both parents must provide financial support for the child’s education. Child support laws in West Virginia help ensure that both parents share the financial responsibility for raising a child in a way similar to how they would if they were a family.
The Process For Child Support After Divorce
The Bureau for Child Support Enforcement (BCSE) administers West Virginia’s child support program. It is part of the Department of Health and Human Resources. The Bureau for Child Support Enforcement (BCSE) is responsible for administering the West Virginia child support program. There are no fees and applications are open to all custodial parents who need child support from non-custodial partners. The parent can complete the application online, or fill in a printed application form. A valid email address is a requirement for parents who want to use the online application platform. The BCSE offers the following services:
The Bureau for Child Support Enforcement in West Virginia
They are the one to locate the parent using the information given during the application process. This is an essential part of setting up a child support order. The child support case can’t progress if the authorities cannot find the noncustodial parents and cannot give them a notice about the case. The application contains important details that could help locate the parent, such as full name, address and Social Security Number. The Bureau has access to locator service if they cannot locate the parent at their last known address or other attempts to establish contact fail. To aid in the search, the Bureau has access to Federal and State databases that contain the information of the parent.
Legally Establishing Paternity
Establishing paternity refers to the legal declaration of the father of a child. If the child was conceived or birthed out of wedlock or if it was born within 10 months of a divorce or separation, paternity must be established. This process can be completed as long as the child does not reach 18 years of age.
You can also establish paternity by voluntary acknowledgment. Both parents must sign a Declaration of Paternity Affidavit acknowledging that the child is theirs. If there are doubts about the biological father of the child, genetic testing is possible to help establish paternity. They take samples from the mother and alleged father of the child to perform genetic testing. They will then issue a court order naming the man the father of the child if the tests reveal a 98% probability or higher of fatherhood. After paternity is established, the child’s birth certificate can include the name of the father.
Child support is established once the paternity has been established. This involves weighing many factors in order to determine the appropriate amount of support.
The BCSE can also collect support payments, enforce support orders, and modify orders.
How To Receive Child Support in West Virginia
There are two ways for parents to receive child support payments in West Virginia.
BCSE smiONE Visa Debit Card: The BCSE loads child support payments on this Visa debit card. The payment is made automatically and funds usually arrive within two days after receipt at the BCSE. You have the option to use the card for easy, secure, and fast access to your funds. The card can be used for purchases or withdrawals at any location that accepts a Visa card. It’s also possible to track your card activity online. This is a debit card and cannot be used for purchases exceeding the balance. The smiONE card has certain fees associated with it. Besides, you can view the fee schedule online.
Direct Deposit: Parents can receive child support payments via electronic funds transfer to an authorized bank account. Parents must complete a Direct Deposit Authorization Form to apply for direct deposit. The process after submitting the form usually takes around 20 days. Once Direct Deposit begins on a case, the BCSE notifies parents.
The Maximum Amount That Your Family Can Receive
The Income Shares Support Formula is used to calculate West Virginia child support payments. This formula takes into account different factors such as the gross incomes of each parent, the number and time spent with each child (in cases of shared custody), and other family obligations. This information must be provided by the parents through filling out forms and submitting them at the BCSE. The BCSE can then make a decision if the forms are not completed. There is a West Virginia code specifying the guidelines for child support payments. Parents can also estimate what they can expect to receive using the online calculator.
Enforcement of Child Support
Some parents fail to meet their child support obligations. Some parents are slow to pay the child support obligations, while others only pay a portion of the amount ordered. Sometimes, others don’t even follow the order at all. The Bureau of Child Support Enforcement in West Virginia can take several steps against parents who fail to pay child support. These actions help enforce compliance and collect funds for child support cases. These actions include income withholding, seizing assets of the defaulting parent and placing liens on properties, denying passport applications, revoking or suspending licenses, intercepting refunds, tax withholding, and so forth. Income withholding involves automatic deductions from parent’s wages before the support payment.