Chapter 48

(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within the time required by section 605 [§48-16-605]. The nonregistering party may seek to vacate the registration, to assert any defense to an al…

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order w…

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state shall register that order in this state in the same manner provided in sections 16-601 through 16-608 [§§48-16-601 through §48-16-608] if the order has n…

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section…

(a) If section 613 [§48-16-613] does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) The following requirements are met: (A) Nei…

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state: (1) May enforce its order that was modified only as to arrears and in…

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal…

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party …

(a) Except as otherwise provided in section 711 [§48-16-711], if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all ind…

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under sections 601 through 608 [§§48-16-601 through §48-16-608] if the order has not been registered. A …

In this part: (1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) "Central authority" means the entity designated by the United States or a fo…

This article applies only to a support proceeding under the convention. In such a proceeding, if a provision of this article is inconsistent with parts I through VI [§§48-16-101 et seq. through §§48-16-601 et seq.], this part controls.

The Bureau for Child Support Enforcement of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

(a) In a support proceeding under this article, the Bureau for Child Support Enforcement of this state shall: (1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. (b) The follow…

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a supp…

(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in part VI. (b) Notwithstanding sections 311 [§48-16-311] and 602(a)…

(a) Except as otherwise provided in this article, sections 605 through 608 [§§48-16-605 through §48-16-608] apply to a contest of a registered convention support order. (b) A party contesting a registered convention support order shall file a contest not later than thirty days af…

(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered convention support order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement …

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.

(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreem…

(a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defendi…

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.

A record filed with a tribunal of this state under this article must be in the original language, and, if not in English, must be accompanied by an English translation.

(a) For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this article. (b) The Governor of this state may: (1) Demand that the Governor of another state surrender an individual found …

(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty…

In applying and construing this Uniform Act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This article applies to proceedings begun on or after the effective date of the amendments to this article enacted during the 2015 regular session of the West Virginia Legislature, to establish a support order or determine parentage of a child or to register, recognize, enforce, …

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application and to this end the provisions…

The West Virginia Support Enforcement Commission, consisting of nine members, is hereby created in the Department of Human Services and may use the administrative support and services of that department. The commission is not subject to control, supervision or direction by the De…

(a) Of the nine members of the commission, seven members are to be appointed by the Governor: Provided, That no more than five members of the commission may belong to the same political party. (1) One member is to be a lawyer licensed by, and in good standing with, the West Virgi…

(a) Beginning June 1, 2008, and every four years thereafter, the Governor shall convene the commission to review the child support guidelines, in accordance with the Code of Federal Regulations, Part 45, Section 302.56(C)(3)(e). (b) The Governor shall make appointments by June 1,…

Before entering upon the discharge of the duties as commissioner, each commissioner shall take and subscribe to the oath of office prescribed in section five, article IV of the Constitution of West Virginia.

The Commissioner of the Bureau for Child Support Enforcement shall serve as the chair of the commission.

(a) Each voting member of the commission shall receive $100 for each day or portion thereof spent in the discharge of his or her official duties. (b) Each member of the commission shall be reimbursed for all actual and necessary expenses and disbursements involved in the executio…

(a) The commission shall meet at least twice during the one-year term for the sole purpose of reviewing the child support guidelines set forth in article thirteen of this chapter. The commission may determine if it needs to convene more frequently to effectively study the guideli…

Notwithstanding the provisions of section four, article six, chapter six of this code, the Governor may remove any commission member for incompetence, misconduct, gross immorality, misfeasance, malfeasance or nonfeasance in office.

(a) Federal law requires that each state periodically review the formula used to set child support obligations to determine appropriate awards for the support of children. States are required to consider current research and data on the costs of and expenditures necessary for rea…

(a) The Bureau for Child Support Enforcement is continued in the Department of Human Services. The bureau is under the immediate supervision of the commissioner, who is responsible for the exercise of the duties and powers assigned to the bureau under the provisions of this chapt…

(a) There is hereby created the position of commissioner. The commissioner shall: (1) Be appointed by the secretary; (2) Serve at the will and pleasure of the secretary; (3) Serve on a full-time basis and shall not engage in any other profession or occupation, including the holdi…

(a) The Commissioner shall organize the work of the Bureau in such offices or other organizational units as he or she may determine to be necessary for effective and efficient operation. (b) The Commissioner shall employ a sufficient number of employees in the position of Bureau …

The commissioner shall have control and supervision of the Bureau for Child Support enforcement and shall be responsible for the work of each of its organizational units. Each organizational unit shall be headed by an employee of the bureau appointed by the commissioner who shall…

In carrying out the policies and procedures for enforcing the provisions of this chapter, the bureau shall have the following power and authority: (1) To establish policies and procedures for obtaining and enforcing support orders and establishing paternity according to this chap…

Upon receipt of a report from an employer stating that a support obligor has been discharged or laid off or has resigned or voluntarily quit, the Bureau for Child Support enforcement shall send a notice to the obligor, informing the obligor of the availability of a modification o…

(a) There is hereby created in the State Treasury a separate special revenue account, which shall be an interest bearing account, to be known as the "child support enforcement fund." The special revenue account shall consist of all incentive payments paid by the federal governmen…

(a) When the Bureau for Child Support Enforcement provides child support collection services either to a public assistance recipient or to a party who does not receive public assistance, the Bureau for Child Support Enforcement shall, upon written notice to the obligor, charge a …

(a) Attorneys employed by the Bureau for Child Support enforcement may represent this state or another state in an action brought under the authority of federal law of this chapter. (b) An attorney employed by the Bureau for Child Support enforcement or employed by a person or ag…

(a) The Bureau for Child Support enforcement shall establish a parent locator service to locate individuals for the purposes of establishing parentage and of establishing, modifying or enforcing child support obligations utilizing all sources of information and available records …

(a) The Bureau for Child Support Enforcement shall cooperate with any other state in the following: (1) In establishing paternity; (2) In locating an obligor residing temporarily or permanently in this state, against whom any action is being taken for the establishment of paterni…

(a) Amounts collected as child or spousal support by the Bureau for Child Support Enforcement shall be distributed within two business days after receipt from the employer or other source of periodic income. The amounts collected as child support shall be distributed by the Burea…