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WV Code § 48-16-615 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-615. Jurisdiction to Modify Child Support Order of Foreign Country

(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 individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 611 [§48-16-611] has been given or whether the individual seeking modification is a resident of this state or of the foreign country.(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
WV Code § 48-16-616 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-616. Procedure to Register Child Support Order of Foreign Country for Modification

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 petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.
WV Code § 48-16-701 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-701. Definitions

§48-16-701. Definitions.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 foreign country described in section 102(5)(D) [§48-16-102(5)(D]] to perform the functions specified in the convention.(3) "Convention support order" means a support order of a tribunal of a foreign country described in section 102(5)(D) [§48-16-102(5)(D)].(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.(5) "Foreign central authority" means the entity designated by a foreign country described in section 102(5)(D) [§48-16-102(5)(D)], to perform the functions specified in the convention.(6) "Foreign support agreement:"(A) Means an agreement for support in a record that:(i) Is enforceable as a support order in the country of origin;(ii) Has been:(I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or(II) Authenticated by, or concluded, registered or filed with a foreign tribunal; and(iii) May be reviewed and modified by a foreign tribunal; and(B) Includes a maintenance arrangement or authentic instrument under the convention.(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
WV Code § 48-16-702 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-702. Applicability

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.
WV Code § 48-16-703 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-703. Relationship of Bureau for Child Support Enforcement to United States Central Authority

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.
WV Code § 48-16-704 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-704. Initiation by Bureau for Child Support Enforcement Proceeding Under 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 following support proceedings are available to an obligee or under the convention:(1) Recognition or recognition and enforcement of a foreign support order;(2) Enforcement of a support order issued or recognized in this state;(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;(4) Establishment of a support order if recognition of a foreign support order is refused under section 708(b)(2) [§48-16-708(b)(2)], (4) [§48-16-708(b)(4)], or (9) [§48-16-708(b)(9).(5) Modification of a support order of a tribunal of this state; and(6) Modification of a support order of a tribunal of another state or a foreign country.(c) The following support proceedings are available under the convention to an obligor against which there is an existing support order;(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;(2) Modification of a support order of a tribunal of this state; and(3) Modification of a support order of a tribunal of another state or a foreign country.(d) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
WV Code § 48-16-705 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-705. Direct Request

(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 support order or support agreement. In the proceeding, sections 706 through 713 [§§48-16-706 through §48-16-713] apply.(c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.(d) A petitioner filing a direct request is not entitled to assistance from the Bureau for Child Support Enforcement.(e) This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
WV Code § 48-16-706 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-706. Registration of Convention Support Order

(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) [§48-16-602(a)], a request for registration of a convention support order must be accompanied by:(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;(2) A record stating that the support order is enforceable in the issuing country;(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;(4) A record showing the amount of arrears, if any, and the date the amount was calculated;(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country;(c) A request for registration of a convention support order may seek recognition and partial enforcement of the order.(d) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 707 [§48-16-707] only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
WV Code § 48-16-707 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-707. Contest of Registered Convention Support Order

(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 after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.(c) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b) of this section, the order is enforceable.(d) A contest of a registered convention support order may be based only on grounds set forth in section 708 [§48-16-708]. The contesting party bears the burden of proof.(e) In a contest of a registered convention support order, a tribunal of this state:(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and(2) May not review the merits of the order.(f) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.(g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
WV Code § 48-16-708 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-708. Recognition and Enforcement of Registered Convention Support Order

(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 of a registered convention support order:(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;(2) The issuing tribunal lacked personal jurisdiction consistent with section 201 [§48-16-201];(3) The order is not enforceable in the issuing country;(4) The order was obtained by fraud in connection with a matter of procedure;(5) A record transmitted in accordance with section 706 [§48-16-706] lacks authenticity or integrity;(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in this state;(8) Payment, to the extent alleged arrears have been paid in whole or in part;(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or(10) The order was made in violation of section 711 [§48-16-711].(c) If a tribunal of this state does not recognize a convention support order under subsection (b)(2) [§48-16-708 (b)(2)], (4) [§48-16-708(b)(4)], or (9) [§48-16-708(b)(9);(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and(2) The Bureau for Child Support Enforcement shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 704 [§48-16-704].
WV Code § 48-16-709 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-709. Partial 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.
WV Code § 48-16-710 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-710. Foreign Support Agreement

(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 agreement must be accompanied by:(1) A complete text of the foreign support agreement; and(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;(2) The agreement was obtained by fraud or falsification;(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this article in this state; or(4) The record submitted under subsection (b) of this section lacks authenticity or integrity.(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
WV Code § 48-16-711 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-711. Modification of Convention Child Support Order

(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 defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.(b) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, section 708(c) [§48-16-708(c)] applies.
WV Code § 48-16-712 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-712. Personal Information: Limit on Use

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
WV Code § 48-16-713 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-713. Record Original Language: English Translation

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.
WV Code § 48-16-801 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-801. Grounds for Rendition

§48-16-801. Grounds for rendition.(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 in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or(2) On the demand of the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.(c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
WV Code § 48-16-802 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-802. Conditions of Rendition

(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 days previously the obligee had initiated proceeding for support pursuant to this article or that the proceeding would be of no avail.(b) If, under this article or a law substantially similar to this article, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
WV Code § 48-16-901 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-901. Uniformity of Application and Construction

§48-16-901. Uniformity of application and construction.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.
WV Code § 48-16-902 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-902. Transitional Provision

§48-16-902. Transitional provision.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, or modify a prior support order, determination, or agreement, whenever issued or entered.
WV Code § 48-16-903 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-903. Severability

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 of this article are severable.
WV Code § 48-17-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-101. Creation of Support Enforcement Commission; Number of Members

The West Virginia Support Enforcement Commission, consisting of nine members, is hereby created in the Department of Health and Human Resources and may use the administrative support and services of that department. The commission is not subject to control, supervision or direction by the Department of Health and Human Resources, but is an independent, self-sustaining commission that shall have the powers and duties specified in this chapter.The commission is a part-time commission whose members perform such duties as specified in this chapter. The ministerial duties of the commission shall be administered and carried out by the Commissioner of the Bureau for Child Support Enforcement, with the assistance of such staff of the Department of Health and Human Resources as the secretary may assign.Each member of the commission shall devote the time necessary to carry out the duties and obligations of the office and the seven members appointed by the Governor may pursue and engage in another business, occupation or gainful employment that is not in conflict with the duties of the commission.While the commission is self-sustaining and independent, it, its members, its employees and the commissioner are subject to article nine-a, chapter six of this code, chapter six-b of this code, chapter twenty-nine-a of this code and chapter twenty-nine-b of this code.