If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).

In West Virginia, if a parent fails to make court-ordered child support payments, the custodial parent can file a motion for contempt to address the noncompliance. This legal action is taken because the non-paying parent is disregarding the authority of the court's order. The consequences of being found in contempt can be severe. The court may enforce various penalties, such as altering custody or visitation rights, requiring the non-compliant parent to pay the legal fees and costs incurred by the other parent in bringing the motion, and in extreme cases, imposing jail time. This last measure is typically reserved for cases of repeated failure to comply with the child support order and is considered criminal contempt. The goal of these penalties is not only to punish but also to compel the non-paying parent to fulfill their child support obligations.