1	Common Misconceptions About Child Support
2	DISCLAIMER The following information applies to court orders obtained in the State of West Virginia only. Information and procedures concerning orders obtained in other states may differ, depending on the laws of that particular state.
3	DISCLAIMER The following information is not intended to be legal advice. It is only presented to give very basic information about child support. If more information is needed, contact an attorney. FYI: The WV State Bar Lawyer Referral # is 304-558-7991. FYI: Legal Aid Hotline: 800-642-3617 (WV Residents only) Tuesday 6pm to 8pm.
4	DISCLAIMER If you wish to represent yourself, local courts have fill-in-the-blank forms and general instructions. Or, you may obtain the forms and instructions from the WV Supreme Court website at: http://www.state.wv.us/wvsca/ familyct/index3.htm
5	Common Misconceptions There are many incorrect beliefs about child support. Following are some common misconceptions, along with the correct information.
6	Common Misconceptions The BCSE always represents the mother. No. The BCSE represents the State of West Virginia. It does NOT represent the mother, the father, or the child.
7	Common Misconceptions My order for child support will never change. No. The amount and/or other issues contained in the order, such as medical insurance, custody, etc., may change if the court determines the circumstances justify the change. NOTE: The court will not change the order on its own. A “Petition to Modify” must be filed by the person who wants the change.
8	Common Misconceptions I have two children and my order is for $400 each month. My oldest child has turned 18; therefore, now I only have to pay half, $200 per month. Not necessarily. Unless the order stipulates a certain dollar amount “per child” or “for each child,” the full amount is due until the youngest child emancipates.
9	Common Misconceptions I receive Social Security Disability and my child(ren) receives part of my benefit; therefore, I no longer owe child support. Not necessarily. The court order must state that the SSD benefit the child receives is “in lieu of (instead of) support”; otherwise, child support is still due in addition to the SSD received.
10	Common Misconceptions I don’t owe support while I am incarcerated. No. The full amount of support is still due, even if you are incarcerated.
11	Common Misconceptions My parental rights have been terminated; therefore, I no longer owe support. Not necessarily. In most counties, the order must also state that your parental “responsibilities” have also been terminated; otherwise, support is still owed.
12	Common Misconceptions I only owe support until my child turns 18. It doesn’t matter that he/she hasn’t graduated from high school yet. Not necessarily. Most WV orders state that support continues until a child turns 18 or graduates from high school, whichever is later. Check your order to be sure.
13	Common Misconceptions My child has been adopted; therefore, I no longer owe support, and the support I was not able to pay in the past (arrearages) is also eliminated. No. While current support ends when a child is adopted, any past due support is still owed, unless the court states otherwise.
14	Common Misconceptions My order states that income withholding cannot be done. This means the Bureau for Child Support (BCSE) has no way to collect for me. No. The BCSE may pursue other enforcements such as: contempt, liens, writs, suggestions, license suspension, tax offset, criminal non-support, credit bureau reporting, etc.
15	Common Misconceptions The order states I owe support, but the child has decided to live with me; therefore, I no longer have to pay. No. Support is still owed until the court makes a change.
16	Common Misconceptions If paternity is established and support is ordered for my child, the child will be given the father’s last name, and the father will be allowed visitation with the child. Not necessarily. The court may or may not order the child’s name to be changed or allow visitation. The BCSE will not argue one way or the other regarding name changes or visitation issues. You and/or your attorney must address this with the court.
17	Common Misconceptions I really need to have changes made to the child support order. It does not matter if I wait for a while. I can always ask for the changes later. No. The court is limited as to how far back in time it can change an order. So…… the quicker you file the paperwork, the better!
18	Common Misconceptions The Custodial Parent won’t allow me to see my child(ren); therefore, I don’t have to pay support. No. Even if the Custodial Parent is not letting you see your child(ren), support is still owed. You can contact the court or consult with a private attorney about any visitation concerns.
19	"West Virginia Bureau for Child..." West Virginia Bureau for Child Support Enforcement