WV Child support issues

Since: Feb 10

Keyser, WV

#1 Feb 2, 2010
Of course with most single fathers stripped of their parental rights for no legal reason at all, Iím one who happens to have many issues with the WVDHHRís BFCSE. For the past 6 years I have had my paychecks garnished for child support. That was a personal option that the judge had given me and I signed to avoid conflicts with payment being late. At that time I was in the military and getting a paycheck 2 times a month was not a problem. Then during my first tax filing event in 2004, I had not received my federal tax returns. Later finding out that the DHHR was taking all of it and applying it to the amount owed by my childís mother for medical expenses. So any concerned person would call with a lawyer and the original court order and try to get this resolved, when I did that I found that WVDHHR has the implied right to charge the non-custodial parent ( the one paying the child support) for the custodial parentís debt. I said the hell with it and let it happen. This has continued to date except the facts have changed. I no longer work in the military, and they take 45% of my check for two years of job searching ( being un-employed). Though getting a hearing with the schmucks at the BFCSE is a bigger pain than having a baby. Iíve been busting mine with a new lawyer to get some of the costs with child support decreased due to my job not being such a steady paying form of employment. Though it is payroll, I get paid based on a 40 hour weeks, instead of getting a regular 1,500 a month. Recently I filed my federal taxes knowing Iím never going to see the federal tax as long as I live, and my MD state taxes. Iím not a resident of the state of WV, and have been re-assured that WVBFCSE cannot intercept my MD state tax returns. But the professional way is to ask the public to see if nonresidents have ever had this done to them. Though in the past I have always gotten my state returns back, Iím still not sure if that check can be intercepted my WVBFCSE. Itís been 6 years since I worked as a civilian, and more re assurance is always better than none. Can anyone tell me if they can intercept my state returns or are they limited to my federal returns only?
hmmmm

Charleston, WV

#2 Feb 2, 2010
I'm pretty familiar with the BCSE--both personally and professionally. I think the state return question depends on whether there is an agreement between states, but can't say for sure. If your attorney told you not to worry about it, he's probably right. BUT---the bigger question I have here is regarding the DHHR with holding it to begin with??? Was your child on Medicaid? If so--they would seize the child support--but it would be taken from the mother (she would get like $50 of it or something like that)--but you wouldn't be charged anymore than what was ordered by the judge. The DHHR cannot supercede a court order.
The other option that I think you might be referring to---is if you are court ordered to pay your child's out of pocket medical expenses (co-pays, deductibles). Most court orders usually order the out of pocket expenses are paid 50-50, but can be divided at any percentage the court sees fit (perhaps you were ordered to pay 100%???). The BCSE can (or used to anyway) collect for those expenses along with child support---but again, no more than has been stipulated by the court order. They CANNOT collect for the custodial parent's debt. Only your portion of the debt as determined by the court order. If you were ordered to pay 100%, then the expenses are yours, technically--not hers. Make sense?? The BCSE has no authority beyond that piece of paper. At the very least, you have a right to see proof of all of these expenses---seems like a lot, if the child has any coverage at all. She should be providing receipts.
And you have a right to get your child support amount adjusted if you have a change in income---I think by 20%. If your pay varies, provide as much proof of that as you can get your hands on. I would ask that child support to be calculated on your "average" earnings. I've seen that done in the past. But again--the BCSE CANNOT adjust your child support (although they can only with hold up to the 45% of your income, which may be less than the order---but the remainder will be charged as arrearages). They cannot change your court-ordered obligation amount---only a family court judge can do that. The BCSE can request the court date, etc., but until a judge orders a change in the obligation amount, the tally will continue to run up at the current amount. That's state law--not a BCSE policy.
Do you have a WV attorney or a MD attorney? I would definitely get a WV attorney. They will know more about the law here. Julia Shaloup is a good one.
Hope something here was helpful---good luck to you!
Knows Better

Charleston, WV

#3 Feb 2, 2010
Don't waste your money on Julia Shaloup.

Since: Feb 10

Keyser, WV

#4 Feb 2, 2010
[reply to: hmmmm"]
Well everything stated in the court order has been done backwards, she was on Medicaid. The original court state that I would need to supply the health insurance and from there pay 50% of all incurring costs. The custodial parent ( the mother) was too lazy to fill out remaining paper work. That was information that she ( the mother) refused to give me to have my child put on my government health plan. Today though, with a civilian health insurance, she is no longer on Medicaid. I still pay for her insurance through me and Iím responsible for 50% of all costs. They have placed me with 100% of all medical expenses and still for the delivery cost from when she was born. They have changed the original amount of child support paid, adding $100 extra for arrears in support payments. I was out of work for 2 years and my pleas for a hearing for that have still not been granted. I never received un-employment and the arrears went up over $5000 in 24 months. Me personally I know that a lot of the child support issues Iíve had are my fault. That responsibility of paying was at that time, not feasible. Since Iíve had this court order in 2005, Iíve felt sort of taken advantage of by the DHHR and the BCSE. I call getting the run around from their receptionists and their case workers. I have never received replies from letters that needed a reply. I never receive paper work until it is past due to be filed, as most of the paper work I have from BCSE were post marked 1- 3 weeks after past due date. Itís an issue with the BCSE looking unorganized and incompetent. But I will look into getting a WV lawyer, and Julia Shaloup seems like a great place to start. Thank you for your help. And for anyone else that may have any advice for an in state (WV) lawyer dealing with child support, please feel free to reply to this post.
hmmmm

Charleston, WV

#5 Feb 3, 2010
You have copies of these past due letters, right? Send a certified letter to the BCSE Commissioner, with copies of the letters, cc: the DHHR Secretary and the Governor--send them copies of the same letter. State your issues--while acknowledging your blame in the problems.
But more importantly---get a lawyer. There is also a father's rights group in WV---I can't think of the name--but you should be able to google it. They may have some info for you as well. Do you see this child? Does this mother work or anything? It really irritates me when they expect the man to be solely responsible for the expense of a child just because the mother won't get off her rear and get a job. I don't think women get a pass on responsibility. But I digress----!!!
I'm speaking as someone who hasn't received child support in about 8 years and whose current husband pays child support, so I feel your issues. My best advice---familiarize yourself with WV State Code. Don't depend on any agency to stay on top of your issues. Don't wait for them--do whatever you need to on your own. State workers are overwhelmed and there is so much staff turnover things do slip through the cracks---but I'm not making excuses. This is serious business.
tds1965

United States

#6 Aug 28, 2015
Well its like this my boyfriends wife is ncrj and gone to prison for along time he has a 7yr old son with her instead of this wonderful fuck up state getting hold him asking if would like to have his son they gave him to his x father on law now my bf is paying child support to him and her and only get a pay check for 40hour after child support done he does good to draw about 150 ever two wks child support say the money he paying to her is for arrears come on west Virginia get head of your as be time she get out of jail she gone have a shit load of money where is his rights this bitch has 5kids by 5different men and state take all of them but my bf he only paying child support make the bitch get fixed stupid wv

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