W. Va. Code R. § 97-6-29 - Grace period and the accrual of interest on unpaid support payments

29.1. Support payments are due and owing in the amounts set forth in an order of a court of competent jurisdiction or in an order of an out-of-state administrative agency of competent jurisdiction. Support payments are generally expressed as a monthly payment amount but may be expressed as a weekly, semi-monthly or bi-weekly sum.

29.2. If the full amount of a support payment is not received in the calendar month in which it is due, the obligor is given an additional calendar month in which to pay the unpaid sum before interest is added to the account. This additional calendar month is known as the grace period. If the support is paid in full during the month it is due or during the grace period, no interest is assessed for the late payment of that support installment.

29.3. W. Va. Code § 48-1-302 establishes the amount of interest to be assessed on any amounts that remain due and owing at the conclusion of the grace period, regardless of whether the principal is owed to the state or to the obligee.

29.3.a. For any unpaid support that was assigned to the State prior to July 1, 2002, no interest shall accrue on the portion of the debt assigned to the State through June 30, 2002. Interest at the legal rate in effect at the time that each payment became due and owing shall accrue from July 1, 2002 until the debt is paid in full.

29.4. Effective July 1, 1998, in order to account for variations in payment amounts that occur due to employers' pay cycles, no interest is charged on any case where the balance upon which interest would otherwise be assessed is less than forty percent (40%) of the regular monthly support obligation.

Notes

W. Va. Code R. § 97-6-29