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THE AMNESTY PROGRAM

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 monthís 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.

 

 

 

 

 
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