Interest on Child Support Arrears in West Virginia: Rate, Simple vs. Compound and When It Applies
West Virginia child support interest is 5% simple, accruing only on the outstanding principal from the date each installment accrued. It can be suspended and forgiven under a 60-month payment plan.
Does West Virginia charge interest on child support arrears?
Yes. Arrearages, the total of matured, unpaid installments of child support, stand by operation of law as a decretal judgment, and the unpaid support bears interest from the date it accrued at five percent a year (W.Va. Code 48-1-204). The state agency confirms it charges 5% simple interest on arrears (West Virginia BCSE).
Is West Virginia child support interest simple or compound?
Simple only. Interest awarded shall only be simple interest, the statute does not permit compound interest, and interest accrues only upon the outstanding principal (48-1-302(a)). The West Virginia arrears calculator applies it.
| Scenario at 5% simple, no payments | Interest | Total owed |
|---|---|---|
| 12 unpaid installments of $500 | $137.50 | $6,137.50 |
| 24 unpaid installments of $500 | $575.00 | $12,575.00 |
| 36 unpaid installments of $500 | $1,312.50 | $19,312.50 |
Each figure assumes no payments and counts each installment after its due month.
Is prejudgment interest ever added in West Virginia?
Not in an ordinary domestic relations action: no court may award or approve prejudgment interest against a party unless it finds in writing that the party engaged in conduct that would violate Rule 11(b) of the civil rules (48-1-302(b)).
Can West Virginia child support interest be forgiven?
Yes, conditionally. On a written agreement by both parties, an obligor may ask the court to suspend collection of accrued interest on past-due support, if the agreement also sets a reasonable payment plan that fully pays the arrears within 60 months. On completion the court permanently relieves the interest; on default it reinstates it (48-1-302(c)).
Can I ask the court to set a payment plan?
A court can order all accrued support and interest paid on terms it considers proper, including a Bureau-approved plan, when it finds contempt (48-14-502); a plan that clears arrears in 60 months is also the key to the interest suspension (48-1-302(c)).
Is interest counted on a lump-sum judgment?
Interest runs on the outstanding principal only (48-1-302(a)), so a lump-sum payment of principal stops further interest on that part; ask for a payoff letter.
Should I keep my payment records?
Yes. Keep bank and Bureau statements so you can check the principal and the interest the Bureau shows against this calculator.
Does interest start from the accrual date or the judgment date?
From the date the support accrued, not from a later court judgment (48-1-204). Each installment starts earning interest when it matures.
Does West Virginia interest run on the state’s share?
The statute sets one 5% rate for unpaid support; ask the Bureau whether interest on assistance arrears is waived or reduced in your case, and ask for the ledger (BCSE FAQ).
Why not the general West Virginia judgment rate?
The general judgment-interest statute applies unless the law provides otherwise (W.Va. Code 56-6-31), and the domestic relations chapter sets its own 5% rate for support. Use 5% unless your judgment states another rate.
Where do you get the official figure?
From the Bureau for Child Support Enforcement or the family court clerk. See whether arrears can be changed and file to modify if your circumstances changed.
Frequently asked questions
What is the West Virginia interest rate on child support arrears?
Five percent a year, simple.
Does West Virginia interest accrue on interest?
No. It accrues only on the outstanding principal.
Can West Virginia child support interest be suspended?
Yes, with a written agreement and a payment plan that clears arrears in 60 months.
Does West Virginia award prejudgment interest in family court?
Only if the court finds in writing the party violated Rule 11(b).
Where can I check my West Virginia child support balance?
With the Bureau for Child Support Enforcement or the family court clerk.
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
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.