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The
Amnesty Program was created by the West Virginia
Legislature in an attempt to help obligors
who have accumulated a large child support
arrearage get the debt paid off. If both
the obligor and the obligee agree, all the
interest or a portion of the interest which
has accrued can be forgiven. In exchange
for erasing the interest, the obligor must
agree to pay off the principal amount owed
within a 24 month (2 year) period.
DEFINITIONS
OBLIGOR
- The parent who was not awarded legal custody
of a dependent child and who owes a legal
duty of support.
OBLIGEE
- The parent who has temporary or legal physical
custody of a dependent child and to whom
child support is paid.
PRINCIPAL
- The accumulated child support obligation
which remains unpaid before interest is added. |
ARREARAGES
- A condition that exists when the child
support due is not paid and the amount equals
at least one monthÃs obligation amount.
CHILD
SUPPORT - A court ordered or administratively
ordered monetary amount to be paid by an
obligor.
WHERE
TO START?
1.
The obligor and obligee must reach a voluntary
agreement as to what percentage of interest
is to be waived.
2.
Contact your local office and schedule a
meeting with your case worker. Your case
worker will have an updated arrearage calculation
and a sample agreement for you at the time
scheduled.
3.
Draft a payment plan which includes the agreed
upon amount waived, as well as the payment
plan for the remaining arrearage.
4.
Petition the court, who must approve the
plan before it can become effective. |
COMMON
QUESTIONS
Q.
What if the obligor cannot completely pay
off the agreed payment plan?
A. Interest
will be reinstated on the arrearage amount.
Q.
Will my wage withholding be increased to
cover this additional payment?
A. No,
your current wage attachment will not increase
or change in any way because of the Amnesty
Program. Your case worker will provide you
with an address to send your Amnesty payment.
Q.
Will my obligation amount be changed?
A. No,
your court ordered obligated amount will
not be changed, or modified, due to the Amnesty
Program.
Q.
How will my payments be calculated?
A. The
total arrearage amount will be calculated
and divided by 24. |