Full question:
The court ordered my ex-husband to pay 10,000 dollars as child support to our 5-year-old twins. He is not been regular with the payments lately. It’s been over months now that I received any payments (child support) from my ex-husband. What is the punishment for not being regular with child support payments in West Virginia?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: West Virginia
Answer:
Your ex-husband is guilty of a misdemeanor for not being regular with his child support payments for over 6 months now. You may file a complaint against your ex-husband under W. Va. Code § 61-5-29 and he may face imprisonment up to 1 year, or / and be fined an amount between 100-1,000 dollars for being irregular with his child support payments for more than six months.W. Va. Code § 61-5-29 says:
“Failure to meet an obligation to pay support to a minor; penalties.
(1) A person who: (a) Repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor; and (b) is subject to court order to pay any amount for the support of a minor child and is delinquent in meeting the full obligation established by the order and has been delinquent for a period of at least six months' duration is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $ 100 nor more than $ 1,000, or confined in jail for not more than one year, or both fined and confined.
(2) A person who repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in twelve months without payment of support that remains unpaid is guilty of a felony and, upon conviction thereof, shall be fined not less than $ 100 nor more than $ 1,000, or imprisoned for not less than one year nor more than three years, or both fined and imprisoned.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
