799 sections in this chapter.
W. Va. Code § 48-18-120 Statements of account
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The Bureau for Child Support enforcement shall provide monthly statements of their account to each obligor and obligee without charge. The commissioner shall establish procedures whereby an obligor or obligee can contest or correct a statement of account.
W. Va. Code § 48-18-121 Providing information to consumer reporting agencies; requesting consumer credit reports for child support purposes
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(a) For purposes of this section, the term "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other info…
W. Va. Code § 48-18-122 Central state case registry
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(a) The Bureau for Child Support enforcement shall establish and maintain a central state case registry of child support orders. All orders in cases when any party receives any service provided by the Bureau for Child Support enforcement shall be included in the registry. Any oth…
W. Va. Code § 48-18-123 Subpoenas
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In order to obtain financial and medical insurance or other information pursuant to the establishment, enforcement and modification provisions set forth in this chapter, the Bureau for Child Support enforcement or any out-of-state agency administering a program under Title IV-D o…
W. Va. Code § 48-18-124 Liability for financial institutions providing financial records to the Bureau for Child Support enforcement; agreements for data match system; encumbrance or surrender of assets
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(a) Notwithstanding any other provision of this code, a financial institution shall not be liable under the law of this state to any person for: (1) Disclosing any financial record of an individual to the Bureau for Child Support enforcement in response to a subpoena issued by th…
W. Va. Code § 48-18-125 Employment and income reporting
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(a) For purposes of this section: (1) "Employee" means an individual who is an "employee" for purposes of federal income tax withholding, as defined in 26 U.S.C. §3401; (2) "Employer" means the person or entity for whom an individual performs or performed any service of whatever …
W. Va. Code § 48-18-126 Review and adjustment of child support orders
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(a) Either parent or, if there has been an assignment of support to the Bureau for Child Support enforcement shall have the right to request an administrative review of the child support award in the following circumstances: (1) Where the request for review is received thirty-six…
W. Va. Code § 48-18-128 Billing for fees and costs
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(a) When any filing, copying or other service is provided to the Bureau for Child Support enforcement, the state or county official or the clerk of any court providing such fee for a charge, shall bill the Bureau for Child Support enforcement monthly. (b) When any filing, copying…
W. Va. Code § 48-18-129 Acceptance of federal purposes; compliance with federal requirements and standards
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(a) The state assents to the purposes of the federal laws regarding child support and establishment of paternity and agrees to accept federal appropriations and other forms of assistance made under or pursuant thereto, and authorizes the receipt of such appropriations into the St…
W. Va. Code § 48-18-130 Publicizing child support enforcement services
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The Bureau for Child Support enforcement shall regularly and frequently publicize, through public service announcements, the availability of child support enforcement services under the provisions of this chapter and otherwise, including information as to any application fees for…
W. Va. Code § 48-18-131 Access to records, confidentiality
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(a) All records in the possession of the Bureau for Child Support enforcement, including records concerning an individual case of child or spousal support, are confidential and shall not be released except as follows: (1) Records shall be disclosed or withheld as required by fede…
W. Va. Code § 48-18-132 Access to information
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(a) All state, county and municipal agencies' offices and employers, including profit, nonprofit and governmental employers, receiving a request for information and assistance from the Bureau for Child Support Enforcement or any out-of-state agency administering a program under T…
W. Va. Code § 48-18-133 Recording of social security numbers in certain family matters
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(a) The social security number, if any, of any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license must be recorded on the application for such license. (b) The social security number of any individual who is sub…
W. Va. Code § 48-18-201 General Provisions related to requests for assistance, recalculation of support amounts, preparation of petition and proposed orders
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(a) An obligor or an obligee under a child support order may seek and obtain the assistance of the Bureau for Child Support Enforcement to perform a recalculation of the support amount and prepare and present a petition seeking modification of a child support order and the presen…
W. Va. Code § 48-18-202 Request for assistance by party
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(a) To make a request for assistance under this article, a party shall submit the request in writing to the Bureau for Child Support Enforcement on a form provided by the bureau. The written request form shall include all of the requesting party's information known to the party t…
W. Va. Code § 48-18-203 Bureau processing of request for assistance or recalculation
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(a) Upon receipt of a request from a party pursuant to section two hundred two of this article, the Bureau for Child Support Enforcement shall notify the responding party that a request for assistance in the recalculation of the support amount and the related preparation and pres…
W. Va. Code § 48-18-204 Request for meeting with the Bureau
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(a) Either party may ask for an in-person meeting with the Bureau, prior to the preparation or presentation of any petition to seek a modification of a child support order or any proposed modification order to the family court. As a part of the initial contact and notice to the p…
W. Va. Code § 48-18-205 Bureau action on request of recalculation and presentation of proposed order
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(a) If the bureau determines that no credible information exists to establish finding of a substantial change in circumstances as required by section one hundred five, article eleven of this chapter or section one hundred six, article fourteen of this chapter, the Bureau for Chil…
W. Va. Code § 48-18-206 Family court action on petition and proposed order prepared by Bureau for Child Support Enforcement
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(a) Upon receipt of petition for modification and proposed order prepared by the Bureau for Child Support Enforcement in accordance with the provisions of this article, the circuit clerk shall serve a copy of the petition and the proposed order upon all parties to the proceeding …
W. Va. Code § 48-19-101 Purposes; how article to be construed
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(a) The purposes of this article are: (1) To enumerate and describe the functions and duties of the Bureau for Child Support enforcement attorney as an employee of the Bureau for Child Support enforcement; (2) To ensure that procedures followed by the Bureau for Child Support enf…
W. Va. Code § 48-19-102 Appointment of Bureau for Child Support Enforcement attorneys
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(a) Each Bureau for Child Support Enforcement attorney shall be appointed by the Commissioner of the Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement attorneys shall be duly qualified attorneys licensed to practice in the courts of this state. Bureau…
W. Va. Code § 48-19-103 Duties of the bureau for support enforcement attorneys
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Subject to the control and supervision of the commissioner: (a) The Bureau for Child Support enforcement attorney shall supervise and direct the secretarial, clerical and other employees in his or her office in the performance of their duties as such performance affects the deliv…
W. Va. Code § 48-19-104 Vacancies; interim Bureau for Child Support enforcement attorney
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(a) If the position of Bureau for Child Support enforcement attorney becomes vacant for any reason, the commissioner shall appoint a person to the position of Bureau for Child Support enforcement attorney not later than six months after the vacancy occurs. (b) If necessary, the c…
W. Va. Code § 48-19-105 Compensation; expenses
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The salary of a Bureau for Child Support enforcement attorney shall be not less than $45,000 per year, and shall be fixed by the commissioner, who shall take into consideration ability, performance of duty and experience. The compensation and expenses of the employees of the offi…
W. Va. Code § 48-20-101 Short title
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This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
W. Va. Code § 48-20-102 Definitions
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(a) "Abandoned" means left without provision for reasonable and necessary care or supervision. (b) "Child" means an individual who has not attained eighteen years of age. (c) "Child custody determination" means a judgment, decree or other order of a court providing for the legal …
W. Va. Code § 48-20-103 Proceedings governed by other law
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This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
W. Va. Code § 48-20-104 Application to Indian tribes
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(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as …
W. Va. Code § 48-20-105 International application of chapter
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(a) A court of this state shall treat a foreign country as if it were a state of the United States for purpose of applying parts 1 and 2. (b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circ…
W. Va. Code § 48-20-106 Effect of child custody determination
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A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 20-108 or who have submitted to the jurisdiction of the cou…
W. Va. Code § 48-20-107 Priority
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If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
W. Va. Code § 48-20-108 Notice to persons outside state
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(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calcul…
W. Va. Code § 48-20-109 Appearance and limited immunity
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(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by rea…
W. Va. Code § 48-20-110 Communication between courts
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given…
W. Va. Code § 48-20-111 Taking testimony in another state
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(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony …
W. Va. Code § 48-20-112 Cooperation between courts; preservation of records
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(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an evaluation be made with respect to the custody of a child invol…
W. Va. Code § 48-20-201 Initial child custody jurisdiction
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(a) Except as otherwise provided in section 20-204, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child w…
W. Va. Code § 48-20-202 Exclusive, continuing jurisdiction
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(a) Except as otherwise provided in section 20-204, a court of this state which has made a child custody determination consistent with section 20-201 or 20-203 has exclusive, continuing jurisdiction over the determination until: (1) A court of this state determines that neither t…
W. Va. Code § 48-20-203 Jurisdiction to modify determination
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Except as otherwise provided in section 20-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (1) or (2), subsection (a), section…
W. Va. Code § 48-20-204 Temporary emergency jurisdiction
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(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with…
W. Va. Code § 48-20-205 Notice; opportunity to be heard; joinder
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(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 20-108, must be given to all persons entitled to notice under the law of this state as in child custody proceedings between resid…
W. Va. Code § 48-20-206 Simultaneous proceedings
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(a) Except as otherwise provided in section 20-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state ha…
W. Va. Code § 48-20-207 Inconvenient forum
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(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more app…
W. Va. Code § 48-20-208 Jurisdiction declined by reason of conduct
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(a) Except as otherwise provided in section 20-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdi…
W. Va. Code § 48-20-209 Information to be submitted to court
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(a) Subject to local law providing for the confidentiality of procedures, addresses and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as t…
W. Va. Code § 48-20-210 Appearance of parties and child
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(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the c…
W. Va. Code § 48-20-301 Definitions
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(a) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (b) "Respondent" means a person against whom a proceeding has …
W. Va. Code § 48-20-302 Enforcement under Hague convention
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Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
W. Va. Code § 48-20-303 Duty to enforce
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(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictio…
W. Va. Code § 48-20-304 Temporary visitation
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(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody determination of another state…