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WV Code § 47B-11-3 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 11. Miscellaneous Provisions|§47B-11-3. Severability Clause

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
WV Code § 47B-11-4 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 11. Miscellaneous Provisions|§47B-11-4. Applicability

(a) Before July 1, 1995, this chapter governs only a partnership formed:(1) After the effective date of this chapter, unless that partnership is continuing the business of a dissolved partnership under section forty-one, article eight-a, chapter forty-seven of this code; and(2) Before the effective date of this chapter, that elects, as provided by subsection (c) of this section, to be governed by this chapter.(b) After July 1, 1995, this chapter governs all partnerships.(c) Before July 1, 1995, a partnership voluntarily may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by this chapter. The provisions of this chapter relating to the liability of the partnership's partners to third parties apply to limit those partners' liability to a third party who had done business with the partnership within one year preceding the partnership's election to be governed by this chapter, only if the third party knows or has received a notification of the partnership's election to be governed by this chapter.
WV Code § 47B-11-5 (2021)
2021 West Virginia Code|Chapter 47B. Uniform Partnership Act|Article 11. Miscellaneous Provisions|§47B-11-5. Savings Clause

This chapter does not affect an action or proceeding commenced or right accrued before this chapter takes effect.
WV Code § 48-1-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-101. Short Title; Intent of Recodification

§48-1-101. Short title; intent of recodification.(a) This chapter sets forth the "West Virginia Domestic Relations Act."(b) The recodification of this chapter during the regular session of the Legislature in the year 2001 is intended to embrace in a revised, consolidated, and codified form and arrangement the laws of the State of West Virginia relating to domestic relations at the time of that enactment.
WV Code § 48-1-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-102. Legislative Intent; Continuation of Existing Statutory Provisions

In recodifying the domestic relations law of this state during the regular session of the Legislature in the year 2001 through the passage of House Bill 2199 it is intended by the Legislature that each specific reenactment of a substantively similar prior statutory provision will be construed as continuing the intended meaning of the corresponding prior statutory provision and any existing judicial interpretation of the prior statutory provision. It is not the intent of the Legislature, by recodifying the domestic relations law of this state during the regular session of the Legislature in the year 2001 through the passage of House Bill 2199 to alter the substantive law of this state as it relates to domestic relations.
WV Code § 48-1-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-103. Operative Date of Enactment; Effect on Existing Law

The amendment and reenactment of chapter forty-eight of this code and the repeal of chapters forty-eight-a, forty-eight-b and forty-eight-c of this code pursuant to the provisions of Enrolled Committee Substitute for House Bill No. 2199, as enacted by the Legislature during the regular session, 2001, are operative on September 1, 2001. The prior enactments of chapters forty-eight, forty-eight-a, forty-eight-b and forty-eight-c of this code, whether amended and reenacted or repealed by the passage of Enrolled Committee Substitute for House Bill No. 2199 have full force and effect until the provisions of Enrolled Committee Substitute for House Bill No. 2199 are operative on September 1, 2001, unless after the effective date of Enrolled Committee Substitute for House Bill No. 2199 and prior to the operative date of September 1, 2001, the provisions of Enrolled Committee Substitute for House Bill No. 2199 are otherwise repealed or amended and reenacted
WV Code § 48-1-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-104. West Virginia Code Replacement

The Department of Health and Human Resources is not required to change any form or letter that contains a citation to this code that is changed or otherwise affected by the recodification of this chapter during the regular session of the Legislature in the year 2001 through the passage of Committee Substitute for House Bill 2199, unless specifically required by a provision of this code.
WV Code § 48-1-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-201. Applicability of Definitions

§48-1-201. Applicability of definitions.For the purposes of this chapter the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this article. These definitions are applicable unless a different meaning clearly appears from the context.
WV Code § 48-1-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-202. Adjusted Gross Income Defined

§48-1-202. Adjusted gross income defined.(a) "Adjusted gross income" means gross income less the payment of previously ordered child support, spousal support or separate maintenance.(b) A further deduction from gross income for additional dependents may be allowed by the court if the parent has legal dependents other than those for whom support is being determined. An adjustment may be used in the establishment of a child support order or in a review of a child support order. However, in cases where a modification is sought, the adjustment should not be used to the extent that it results in a support amount lower than the previously existing order for the children who are the subject of the modification. The court may elect to use the following adjustment because it allots equitable shares of support to all of the support obligor's legal dependents. Using the income of the support obligor only, determine the basic child support obligation (from the table of basic child support obligations in section 13-301 of this chapter) for the number of additional legal dependents living with the support obligor. Multiply this figure by 0.75 and subtract this amount from the support obligor's gross income.(c) As used in this section, the term "legal dependents" means:(1) Minor natural or adopted children who live with the parent; and(2) Natural or adopted adult children who are totally incapacitated because of physical or emotional disabilities and for whom the parent owes a duty of support.
WV Code § 48-1-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-203. Antenuptial or Prenuptial Agreement Defined

Antenuptial agreement or "prenuptial agreement" means an agreement between a man and woman before marriage, but in contemplation and generally in consideration of marriage, by which the property rights and interests of the prospective husband and wife, or both of them, are determined, or where property is secured to either or both of them, to their separate estate, or to their children or other persons. An antenuptial agreement may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon an annulment of the marriage or a divorce or separation of the parties. A prenuptial agreement is void if at the time it is made either of the parties is a minor.
WV Code § 48-1-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-204. Arrearages or Past Due Support Defined

Arrearages or "past due support" means the total of any matured, unpaid installments of child support required to be paid by an order entered or modified by a court of competent jurisdiction, or by the order of a magistrate court of this state, and shall stand, by operation of law, as a decretal judgment against the obligor owing such support. The amount of unpaid support shall bear interest from the date it accrued, at a rate of five percent per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time. Except as provided in rule 23 of rules of practice and procedure for family law and as provided in section 1-302, a child support order may not be retroactively modified so as to cancel or alter accrued installments of support.
WV Code § 48-1-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-206. Automatic Data Processing and Retrieval System Defined

Automatic data processing and retrieval system means a computerized data processing system designed to do the following:(1) To control, account for and monitor all of the factors in the support enforcement collection and paternity determination process, including, but not limited to:(A) Identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses and mailing addresses of any individual with respect to whom support obligations are sought to be established or enforced and with respect to any person to whom such support obligations are owing) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screening to determine whether such individual is paying or is obligated to pay support in more than one jurisdiction;(B) Checking of records of such individuals on a periodic basis with federal, interstate, intrastate and local agencies;(C) Maintaining the data necessary to meet applicable federal reporting requirements on a timely basis; and(D) Delinquency and enforcement activities;(2) To control, account for and monitor the collection and distribution of support payments (both interstate and intrastate) the determination, collection and distribution of incentive payments (both interstate and intrastate), and the maintenance of accounts receivable on all amounts owed, collected and distributed;(3) To control, account for and monitor the costs of all services rendered, either directly or by exchanging information with state agencies responsible for maintaining financial management and expenditure information;(4) To provide access to the records of the Department of Health and Human Resources in order to determine if a collection of a support payment causes a change affecting eligibility for or the amount of aid under such program;(5) To provide for security against unauthorized access to, or use of, the data in such system;(6) To facilitate the development and improvement of the income withholding and other procedures designed to improve the effectiveness of support enforcement through the monitoring of support payments, the maintenance of accurate records regarding the payment of support and the prompt provision of notice to appropriate officials with respect to any arrearage in support payments which may occur; and(7) To provide management information on all cases from initial referral or application through collection and enforcement.
WV Code § 48-1-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-207. Basic Child Support Obligation Defined

Basic child support obligation means the base amount of child support due by both parents as determined by the table of basic child support obligations set forth in section 13-301 of this chapter, based upon the combined adjusted gross income of the parents and the number of children to whom support is due.
WV Code § 48-1-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-208. Bureau for Child Support Enforcement Defined

Bureau for child support enforcement means the agency created under the provisions of article eighteen of this chapter, or any public or private entity or agency contracting to provide a service. The "Bureau for Child Support enforcement" is that agency intended by the Legislature to be the single and separate organizational unit of state government administering programs of child and spousal support enforcement and meeting the staffing and organizational requirements of the secretary of the federal department of health and human services. A reference in this chapter and elsewhere in this code to the "child advocate office" or the child support enforcement division shall be interpreted to refer to the Bureau for Child Support enforcement.
WV Code § 48-1-209 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-209. Bureau for Child Support Enforcement Attorney Defined

Bureau for child support enforcement attorney means those persons or agencies or entities providing services under the direction of or pursuant to a contract with the Bureau for Child Support enforcement as provided in article eighteen of this chapter.
WV Code § 48-1-210 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-210. Caretaker and Caretaking Functions Defined

 (a) "Caretaker" means a person who performs one or more caretaking functions for a child. The term "caretaking functions" means activities that involve interaction with a child and the care of a child. Caretaking functions also include the supervision and direction of interaction and care provided by other persons.(b) Caretaking functions include the following:(1) Performing functions that meet the daily physical needs of the child. These functions include, but are not limited to, the following:(A) Feeding;(B) Dressing;(C) Bedtime and wake-up routines;(D) Caring for the child when sick or hurt;(E) Bathing and grooming;(F) Recreation and play;(G) Physical safety; and(H) Transportation.(2) Direction of the child's various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence and maturation;(3) Discipline, instruction in manners, assignment and supervision of chores and other tasks that attend to the child's needs for behavioral control and self-restraint;(4) Arrangements for the child's education, including remedial or special services appropriate to the child's needs and interests, communication with teachers and counselors and supervision of homework;(5) The development and maintenance of appropriate interpersonal relationships with peers, siblings and adults;(6) Arrangements for health care, which includes making medical appointments, communicating with health care providers and providing medical follow-up and home health care;(7) Moral guidance; and(8) Arrangement of alternative care by a family member, baby-sitter or other child care provider or facility, including investigation of alternatives, communication with providers and supervision.
WV Code § 48-1-211 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-211. Chief Judge Defined

Chief judge means the circuit judge of the circuit court in a judicial circuit that has only one circuit judge, or the chief judge of the circuit court in a judicial circuit that has two or more circuit judges.
WV Code § 48-1-212 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-212. Clergy Defined

Clergy includes a minister, priest, rabbi or other clergy who has qualified as such before the county commission or the clerk of the county commission as provided for in section 2-402 of this chapter.
WV Code § 48-1-213 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-213. Combined Adjusted Gross Income Defined

Combined adjusted gross income means the combined monthly adjusted gross incomes of both parents.
WV Code § 48-1-214 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-214. Commissioner Defined

 Commissioner means any person appointed pursuant to section 18-102, who directs all child support establishment and enforcement services for the Bureau for Child Support enforcement.
WV Code § 48-1-215 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-215. Contingent Fee Agreement Defined

(a) "Contingent fee agreement" means a contract under which an attorney may be compensated for work in progress, dependent on the occurrence of some future event which is not certain and absolute. As such, a contingent fee agreement is not an asset, but is potential income or income capacity. This potential income may have current value, and a portion of that current value, if any, may be considered to be a marital asset. In the event a party seeks to quantify the current value of a particular contingent fee agreement for the purpose of establishing the value of the agreement as marital property, the court must find that the party has proved such value by a preponderance of the evidence. Factors to be considered by the court include, but are not limited to, the following:(1) The nature of the particular case or claim which underlies the agreement;(2) The jurisdiction or venue of any projected trial or proceeding;(3) Any historical data relevant to verdicts or settlements within the jurisdiction where the case or claim is pending or may be brought;(4) The terms and particulars of the agreement;(5) The status of the case or claim at valuation date;(6) The amount of time spent working on the case or claim prior to the valuation date, and an analysis of the nature of how that time was spent, including, but not limited to, such activities such as investigation, research, discovery, trial or appellate practice;(7) The extent of the person's active role in the work in process, whether as an actual participant or as an indirect participant such as a partner, local counsel or other ancillary role;(8) The age of the case or claim;(9) The expenses accrued or projected to bring the case or claim to resolution, including any office overhead attributable to case or claim; and(10) The probable tax consequences attendant to a successful resolution of the case or claim.(b) The provisions of this section as enacted during the regular session of the Legislature, one thousand nine hundred ninety-six, are to be applied prospectively and shall have no application to any action for annulment, divorce or separate maintenance that was commenced on or before June 7, 1996.
WV Code § 48-1-216 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-216. Court Defined

Court means a family court of this state unless the context in which such term is used clearly indicates that reference to some other court is intended.
WV Code § 48-1-217 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-217. Court of Competent Jurisdiction Defined

Court of competent jurisdiction means a circuit court or family court within this state or a court or administrative agency of another state having jurisdiction and due legal authority to deal with the subject matter of the establishment and enforcement of support obligations. Whenever in this chapter reference is made to an order of a court of competent jurisdiction, or similar wording, such language shall be interpreted so as to include orders of an administrative agency entered in a state where enforceable orders may by law be properly made and entered by such administrative agency.
WV Code § 48-1-218 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-218. Custodial Parent Defined

Custodial parent or "custodial parent of a child" means a parent who has been granted custody of a child by a court of competent jurisdiction. "Noncustodial parent" means a parent of a child with respect to whom custody has been adjudicated with the result that such parent has not been granted custody of the child.
WV Code § 48-1-219 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-219. Custodial Responsibility Defined

Custodial responsibility refers to physical custodianship and supervision of a child. It usually includes, but does not necessarily require, the exercise of residential or overnight responsibility.
WV Code § 48-1-220 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-220. Decision-Making Responsibility Defined

Decision-making responsibility refers to authority for making significant life decisions on behalf of a child, including, but not limited to, the childs education, spiritual guidance and health care: Provided, That with regard to healthcare, both parents in any shared parenting plan, regardless of the relative ratio of parenting time allocated between the parents, shall have the authority to make emergency or other non-elective healthcare decisions concerning their child necessary for the childs health or welfare during such parents parenting time.
WV Code § 48-1-221 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-221. Divorce Defined

Divorce means the judicial termination of a marriage contract. The termination of a marriage contract must be based on misconduct or other statutory cause arising after the marriage. A divorce is established by the order of a family court or circuit court that changes the status of a husband and wife from a state of marriage to that of single persons.
WV Code § 48-1-222 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-222. Domestic Relations Action Defined

§48-1-222. Domestic relations action defined."Domestic relations action" means an action:(1) To obtain a divorce;(2) To have a marriage annulled;(3) To be granted separate maintenance;(4) To establish paternity;(5) To establish and enforce child or spousal support, including actions brought under the provisions of the uniform interstate family support act; and(6) To allocate custodial responsibility and determine decision-making responsibility, or to otherwise determine child custody, as in an action petitioning for a writ of habeas corpus wherein the issue is child custody.
WV Code § 48-1-223 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-223. Earnings Defined

Earnings means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
WV Code § 48-1-224 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 1. General Provisions; Definitions|§48-1-224. Employer Defined

Employer means any individual, sole proprietorship, partnership, association, public or private corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state and any other legal entity which hires and pays an individual for his services.