How to collect unpaid child support in West Virginia

How unpaid support is collected, interest and license rules, and a free letter asking the agency to enforce.

Checked against official sources: Oct 25, 2026.

Short answer

Arrears means child support that is past due. 5% simple interest a year on past-due support. Parents can agree in writing to a payment plan that pays off arrears within 60 months; if it is completed, the court forgives the interest that had built up.

Interest on unpaid support: 5% a year
License suspension: Arrears equal to or more than 6 months of support, or 6 months of unpaid medical support.
Passport denial: Over $2,500 past due (federal law)

What the agency can do in West Virginia

Arrears means support that is past due. The child support agency can use these tools to collect it:

Income withholding
Tax refund offset
Driver's, professional and recreational license denial, suspension or restriction
Contempt of court (possible jail)

Law: W. Va. Code ch. 48, art. 14 and 15

Ask the agency in writing to collect what is owed: Ask the agency to collect unpaid support

Interest on arrears in West Virginia

5% simple interest a year on past-due support. Parents can agree in writing to a payment plan that pays off arrears within 60 months; if it is completed, the court forgives the interest that had built up.

Law: W. Va. Code 48-1-302

Source: BCSE FAQ

Federal collection tools

Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)

Contempt of court in West Virginia

Not paying can lead to a contempt case in family court (Contempt Petition SCA-FC-251), and the parent could be jailed depending on the circumstances and amount owed. (BCSE FAQ; SCA-FC-225)

When a license can be suspended in West Virginia

Arrears equal to or more than 6 months of support, or 6 months of unpaid medical support.

Law: W. Va. Code 48-15-202

In nearby states

New Jersey: No interest
New York: 9% a year
Georgia: 7% a year
Illinois: 9% a year

What to do now in West Virginia

Write down every payment
Keep a log of every payment and every missed payment.
Ask the agency to enforce
Contact Bureau for Child Support Enforcement (BCSE), West Virginia Department of Human Services (1-800-249-3778) · Apply online
Tell the agency about income
Tell the agency where the other parent works or lives.
Ask about interest
Ask the agency for the total owed, with any interest.
Ask for free help
Ask for free help: Legal Aid of West Virginia.

Free help in West Virginia

Questions about unpaid support in West Virginia

What happens if child support is not paid in West Virginia?

Arrears means support that is past due. The child support agency can use these tools to collect it: Income withholding; Tax refund offset; Driver's, professional and recreational license denial, suspension or restriction; Contempt of court (possible jail).

When can West Virginia suspend a license for support?

Arrears equal to or more than 6 months of support, or 6 months of unpaid medical support.

What can a court do about unpaid support in West Virginia?

Not paying can lead to a contempt case in family court (Contempt Petition SCA-FC-251), and the parent could be jailed depending on the circumstances and amount owed. (BCSE FAQ; SCA-FC-225)

What is the interest rate on arrears in West Virginia?

Related West Virginia pages

Sources

Sources

Last checked: Oct 25, 2026.

Federal sources