West Virginia Child Support Enforcement Transmittal #3 - Request for Assistance - Discovery and Instructions
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How to fill out Child Support Enforcement Transmittal #3 - Request For Assistance - Discovery And Instructions?
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FAQ
There are several requirements for Amnesty: Both parents must agree what percentage of interest owed on arrears is to be forgiven; Amnesty only covers interest on arrears (current support remains due); and. The obligor? must agree to pay the entire arrears balance owed within five years.
If you want the court to enforce a child support order because someone is not paying child support, you need to file a Contempt Petition (SCA-FC-251). The forms and instructions for filing a Contempt Petition are available in Circuit Clerk and Family Court offices.
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.
If payments are more than a year overdue and exceed $5,000, the delinquent parent could be sentenced to jail time.
(2) A person who repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in twelve months without payment of support that ...
Now, judges could go along with agreements with regards to child support, but it's really going to vary from judge to judge as to whether that's acceptable. Often in West Virginia, it's very customary in family court, even when there is some sort of agreement, that the court still applies the child support formula.
Individuals who participate in the amnesty program avoid arrest on the warrant and instead their case proceeds to disposition (for example, the individual pays the underlying fine or participates in a diversion program).