How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in West Virginia
West Virginia child support arrears cannot be retroactively changed, but accrued interest can be suspended and forgiven under a written agreement and a 60-month payment plan. We found no limitation period.
Can West Virginia child support arrears be changed?
Not retroactively: except as the family court rules and the interest-suspension section allow, a child support order may not be retroactively modified so as to cancel or alter accrued installments (W.Va. Code 48-1-204).
| Question | West Virginia rule |
|---|---|
| Accrued installments | Cannot be retroactively modified (48-1-204) |
| Interest | 5% simple on principal (48-1-204; 48-1-302) |
| Interest relief | Suspended, then forgiven, on a written agreement and a 60-month plan (48-1-302(c)) |
| Overpayment after a reduction | Decretal judgment for the obligor, offset against arrears (48-11-107) |
| Contempt | Up to six months or until purged (48-14-503) |
| Time limit to collect | We found none in the sections we read; ask an attorney |
Do child support arrears expire in West Virginia?
We found no limitation period for accrued support in the code sections we read, and we are not stating one. Third-party guides mention a 10-year window from the youngest child’s emancipation, but we could not verify it in the statute. Ask a licensed West Virginia attorney.
Can the interest part be forgiven?
Yes, conditionally, under a written agreement and a payment plan that fully pays the arrears within 60 months; on completion the court permanently relieves the accrued interest, and on default it reinstates it (48-1-302(c)).
What if a reduction leaves me with an overpayment?
The court grants a decretal judgment for the overpayment and offsets it against arrears for support due before the petition; any remaining overpayment may be collected by income withholding capped at 35% of disposable earnings (48-11-107).
What if a party dies?
Support payments or refunds due to a deceased party, up to $1,000, may be paid on proper demand without letters of administration, in an order of preference starting with the surviving spouse, and the payment discharges the payer (48-14-108). Larger sums go through probate.
Can I ask for an offset for time the child lived with me?
The sections we read do not give an automatic offset; accrued installments cannot be retroactively changed (48-1-204), so raise it with the court before relying on it.
Can the other parent agree to forgive arrears?
The sections we read do not describe private forgiveness of principal. Ask the court to approve any settlement and the Bureau if it holds an assigned share.
How do I get a lien released?
On satisfaction of the overdue support, the obligee must issue a release to you and file it with the county commission clerk; the Bureau does the same for its liens (48-14-305).
What if the other parent files a false affidavit?
A person who files a false affidavit of accrued support is guilty of false swearing (48-14-208). Contest an incorrect amount within the 14-day window in the notice.
Do arrears survive when the child turns 18?
Yes. They are a decretal judgment with interest. See the West Virginia child support end date calculator.
What should you do about a large balance?
Get the official balance, compare it with the West Virginia child support arrears calculator, ask for the 60-month plan and interest suspension, and if your circumstances changed, file to modify right away.
Frequently asked questions
Can a West Virginia judge reduce past-due child support?
No. Accrued installments cannot be retroactively modified.
Can West Virginia child support interest be erased?
Yes, under a written agreement and a 60-month payment plan, when completed.
Do West Virginia child support arrears expire?
We found no limitation period in the sections we read; ask a licensed attorney.
What happens to a West Virginia overpayment after a reduction?
It becomes a decretal judgment for the obligor, offset against arrears first.
Do West Virginia arrears survive when the child turns 18?
Yes, as a judgment with interest.
Official sources
- W.Va. Code 48-1-204: arrearages as decretal judgment; 5% interest
- W.Va. Code 48-1-302: calculation of interest
- W.Va. Code 48-14-201: arrearages as judgment; personal property lien
- W.Va. Code 48-14-301: real property lien
- W.Va. Code 48-14-801: increase of monthly payments
- West Virginia BCSE: general child support questions (5% simple interest)
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
- W.Va. Code 48-11-107: overpayments
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited West Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed West Virginia attorney.