How West Virginia Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in West Virginia, installments become a decretal judgment with 5% interest, liens arise on an affidavit, withholding is automatic, payments can be raised and contempt can mean up to six months in jail.
What happens if you don’t pay child support in West Virginia?
Matured installments stand as a decretal judgment with 5% simple interest (W.Va. Code 48-1-204). An obligee or the Bureau can file an abstract of the order and an affidavit of accrued support, which gives rise to a lien on your personal property, and to a lien on real property if you reside or own property in the state (48-14-201; 48-14-301).
How much can West Virginia take from my paycheck?
Federal law caps withholding at 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Is withholding automatic?
Yes. A support order must contain, or is deemed to contain, language for automatic income withholding for current support and arrears starting on the date it is entered, unless an exception is shown (48-14-402).
How does the affidavit lien start?
The affidavit of accrued support may be filed once a payment has been delinquent, in whole or in part, for 14 days, with the circuit clerk; the clerk issues a writ of execution and mails you a notice, and you have 14 days from the notice to contest the amount or the writ (48-14-203; 48-14-204).
Do these writs take priority?
Yes. They have priority over other legal process against the same income, except income withholding for support under the withholding article, and they apply despite exemptions that might otherwise apply; the amount withheld is the same as under a withholding order (48-14-206; 48-14-207).
Can they raise my payment?
Yes. When arrears equal six months of monthly support, the Bureau can increase the monthly payment by up to $100; when gross income is $65,000 or more and arrears equal 12 months, by up to $200 (48-14-801).
Can I object to a payment increase?
Yes. Notice goes to you when the increase starts, and you may file a motion within 30 days asking the court to decide whether and how much to increase (48-14-802).
Can I go to jail?
If the court finds you willfully failed or refused to comply, it shall hold you in contempt and may, among other options, order all accrued support and interest paid on its terms, require a Bureau-approved plan or work activities, or commit you to the regional jail, including with work release (48-14-502). Confinement is limited to an indeterminate period not exceeding six months or until you purge yourself (48-14-503).
Can the court require a bond?
An obligor with a pattern of overdue support may be ordered to post a bond or give security, which can include holding stocks, bonds or other assets in escrow (48-14-701).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The West Virginia arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice, ask the Bureau for a payment plan, add up the balance in the West Virginia child support arrears calculator and, if your circumstances changed, file to modify right away.
Frequently asked questions
What happens if you don’t pay child support in West Virginia?
Installments become a decretal judgment with 5% simple interest, liens arise on filing an affidavit, and withholding is automatic.
How much of my paycheck can West Virginia take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
Can West Virginia jail me for unpaid child support?
Yes, for willful noncompliance, up to six months or until purged.
Can the West Virginia Bureau raise my child support payment?
Yes, by up to $100 at six months of arrears and up to $200 at 12 months for incomes of $65,000 or more.
When can the passport of a West Virginia parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
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 48-14-502: contempt
- W.Va. Code 48-14-503: limit on commitment
- W.Va. Code 48-14-402: automatic withholding
- W.Va. Code 48-14-701: bonds and security
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.