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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 14. Remedies for the Enforcement of Support Obligations

§48-14-1001. Misrepresentation of Delinquent Support Payments; Penalty

§48-14-1001. Misrepresentation of delinquent support payments; penalty. If any person knowingly and willfully makes any false, fictitious or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, thus misrepresenting the amount of child support actually due and owing, […]

§48-14-101. When Action May Be Brought for Child Support Order

SUPPORT OF MINOR CHILD. §48-14-101. When action may be brought for child support order. An action may be brought in family court to obtain an order for the support of a minor child when: (1) The child has a parent and child relationship with an obligor;

§48-14-102. Who May Bring Action for Child Support Order

An action may be brought under the provisions of section one hundred one of this article by: (1) A custodial parent of a child when the divorce order or other order which granted custody did not make provision for the support of the child by the obligor;

§48-14-105. Mandatory Provision for Wage Withholding

Every order of support heretofore or hereafter entered or modified under the provisions of this section shall include a provision for the income withholding in accordance with the provisions of 12-101, et seq., and 14-401, et seq.

§48-14-106.Modification. Of Support Order

(a) At any time after the entry of an order for support, the court may, upon the verified petition of an obligee or the obligor, revise or alter such order and make a new order as the altered circumstances or needs of a child, an obligee or the obligor may render necessary to meet the […]

§48-14-108. Deceased Parties in Support Cases

(a) In the event of the death of any party to a domestic relations support action, support payments or a refund of support payments due to the party by the obligee, obligor or the Bureau for Child Support Enforcement, not in excess of $1,000, may, upon proper demand, be paid, in the absence of actual […]

§48-14-202. Registration of Foreign Order

If the duty of support is based upon an order from another jurisdiction, the obligee shall first register the order in accordance with the provisions of part 16-601, et seq., of this chapter: Provided, That nothing in this subsection shall prevent the Bureau for Child Support enforcement from enforcing foreign orders for support without registration […]

§48-14-203. Affidavit of Accrued Support

(a) The affidavit of accrued support may be filed with the clerk of the circuit court in the county in which the obligee or the obligor resides, in the county where the order originated or where the obligor's source of income is located. The affidavit may be filed when a payment required by such order […]

§48-14-204. Execution and Notice

PROPERTY FOR OVERDUE SUPPORT. §48-14-204. Execution and notice. (a) Upon receipt of the affidavit, the clerk shall issue a writ of execution, suggestion or suggestee execution and shall mail a copy of the affidavit and a notice of the filing of the affidavit to the obligor at his or her last known address. If the […]

§48-14-205. Circuit Clerk to Provide Form Affidavits

The clerk of the circuit court shall make available form affidavits for use under the provisions of this article. Such form affidavits shall be provided to the clerk by the Bureau for Child Support enforcement. The notice of the filing of an affidavit shall be in a form prescribed by the Bureau for Child Support […]

§48-14-206. Priority Over Other Legal Process

Writs of execution, suggestions or suggestee executions issued pursuant to the provisions of this article shall have priority over any other legal process under the laws of this state against the same income, except for withholding from income of amounts payable as support in accordance with the provisions of section 14-401 of this chapter, and […]

§48-14-207. Amount to Be Withheld From Income

Notwithstanding any other provision of this code to the contrary, the amount to be withheld from the disposable earnings of an obligor pursuant to a suggestee execution in accordance with the provisions of this article shall be the same amount which could properly be withheld in the case of a withholding order under the provisions […]

§48-14-211. Release of Lien

Upon satisfaction of the overdue support obligation, the obligee shall issue a release to the obligor and file a copy thereof with the clerk of the county commission in the county in which the lien arose pursuant to this section. The Bureau for Child Support enforcement shall issue a release in the same manner and […]