My question involves child support in the State of: West Virginia
Child is 18, and has left custodial parent's home.
There are arrearages from years ago when custodial parent disappeared with child and moved between several states (and didn't file for CS in that time). Noncustodial tried filing modification/contempt, etc... but was told without knowing custodial parents whereabouts there wasn't a place to file charges/court papers.
Anyways, years later found child, begin paying cs + % towards arrearages. My last job was a contracted job and it ended a couple months ago, I have no contact with custodial because they scream and yell obscentities at me the whole time. After a couple months I found a job, but it pays a lot less. I reported to BCSE my job the day I was hired, and they sent a letter to my employer that now has them taking 70% of my paycheck.
Well, I filed a modification of the order because 1.) child left home of custodial parent 2.) she is age of majority in WV, 3.) to modify arrearages based on our states statute of limitations, and 4.) because my income is less. In response I received papers from BCSE for a 'writ of execution' and a letter stating my case is up for contempt, that I'm going to jail until I pay full arrearages, etc... If I have a job, and my wages are being garnished, am I in contempt? The amount garnished isn't the full monthly amount requested by BCSE w/ arrearages %, b/c I don't make enough to pull the full amount out.
Will they send me to jail if my wages are being garnished? How long does it take to find out?
I don't want to get arrested two days before a holiday, I've seen that happen and the person spent a week in jail b/c there wasn't a family judge to view the case. And I have my other kids that live with me, one is a special needs child.