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WV Code § 48-17-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-102. Appointment of Members of Support Enforcement Commission; Qualifications and Eligibility

(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 Virginia State Bar, with at least five years of professional experience in domestic relations law and the establishment and enforcement of support obligations;(2) One member is to be a person experienced as a public administrator in the supervision and regulation of a governmental agency;(3) One member is to be an employer experienced in withholding support payments from the earnings of obligors;(4) One member is to be a practicing family court judge, as an ex officio member, who will serve in an advisory capacity, without compensation or voting rights; and(5) Three members are to be representatives of the public at large, with at least one being an obligor and one being an obligee.(b) One member is to be the Commissioner of the Bureau for Children and Families, Department of Health and Human Resources or his or her designee.(c) The Commissioner of the Bureau for Child Support Enforcement, or his or her designee, is an ex officio nonvoting member of the commission.(d) Each member of the commission is to be a citizen of the United States, a resident of the State of West Virginia and at least twenty-one years of age.
WV Code § 48-17-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-103. Terms of Commission Members; Conditions of Membership

(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, 2008, and on June 1 every four years thereafter.(c) The commissioner shall report the commission's findings and recommendations to the Legislative Oversight Commission on Health and Human Resources Accountability by July 1, 2009, and by July 1, every four years thereafter.(d) The commissioners' terms shall expire on July 1, in the year in which they submit the required report to the Legislature as set forth in subsection (c) of this section.
WV Code § 48-17-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-104. Oath

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.
WV Code § 48-17-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-105. Commission Chairman

The Commissioner of the Bureau for Child Support Enforcement shall serve as the chair of the commission.
WV Code § 48-17-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-106. Compensation of Members; Reimbursement for Expenses

(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 execution of official duties.
WV Code § 48-17-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-107. Meeting Requirements

(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 guidelines, but shall not meet more than eight times during the one-year term.(b) Four voting members of the commission are a quorum for the transaction of any business and for the performance of any duty.(c) A majority vote of the voting members present is required for any final determination by the commission.(d) The commission may elect to meet in executive session after an affirmative vote of a majority of its members present according to section four, article nine-a, chapter six of this code.(e) The commission shall keep a complete and accurate record of all its meetings according to section five, article nine-a, chapter six of this code.
WV Code § 48-17-108 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-108. Removal of Commission Members

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.
WV Code § 48-17-109 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 17. West Virginia Support Enforcement Commission|§48-17-109. General Duties of Support Enforcement Commission

(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 rearing children. A process for review of the guidelines should be established to ensure the integrity of the formula and reviews undertaken to comply with federal law.(b) The commission shall review and analyze:(1) The current child support guidelines;(2) Relevant research and data regarding the cost of child rearing;(3) Research and data on the application of, and deviations from, the child support guidelines;(4) Current law, administrative rules and practices regarding child support; and(5) Any other data the commission deems relevant to the review of the current child support guidelines.
WV Code § 48-18-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-101. Establishment of the Bureau for Child Support Enforcement; Cooperation With the Division of Human Services

(a) Effective July 1, 1995, there is hereby established in the Department of Health and Human Resources the Bureau for Child Support enforcement. 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 chapter. The bureau is designated as the single and separate organizational unit within this state to administer the state plan for child and spousal support according to 42 U.S.C. §654(3).(b) The division of human services shall cooperate with the Bureau for Child Support enforcement. At a minimum, such cooperation shall require that the division of human services:(1) Notify the Bureau for Child Support enforcement when the division of human services proposes to terminate or provide public assistance payable to any obligee;(2) Receive support payments made on behalf of a former or current recipient to the extent permitted by Title IV-D, Part D of the Social Security Act; and(3) Accept the assignment of the right, title or interest in support payments and forward a copy of the assignment to the Bureau for Child Support enforcement.
WV Code § 48-18-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-102. Appointment of Commissioner; Duties; Compensation

(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 holding of a political office in the state either by election or appointment, while serving as commissioner;(4) Be a lawyer licensed by, and in good standing with, the West Virginia State Bar; and(5) Have responsible administrative experience, possess management skills and have knowledge of the law as it relates to domestic relations and the establishment and enforcement of support obligations.Before entering upon the discharge of the duties as commissioner, the commissioner shall take and subscribe to the oath of office prescribed in section five, article IV of the Constitution of West Virginia.(b) The duties of the commissioner shall include the following:(1) To direct and administer the daily operations of the Bureau for Child Support Enforcement;(2) To administer the Child Support Enforcement Fund created pursuant to section one hundred seven of this article;(3) To chair the commission set forth in article seventeen of this chapter for the purpose of conducting the federally required review of the child support formula every four years and make a report to the Legislative Oversight Commission on Health and Human Resources Accountability of the commission's findings;(4) To keep the records and papers of the commission, including a record of each proceeding; and(5) To prepare, issue and submit reports of the commission.(c) All payments to the commissioner as compensation shall be made from the Child Support Enforcement Fund. The commissioner is entitled to:(1) A reasonable and competitive compensation package to be established by the secretary; and(2) Reimbursement for expenses under the standard state travel regulations.
WV Code § 48-18-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-103. Organization and Employees

(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 for Child Support Enforcement attorney so as to provide for the effective and efficient operation of the Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement attorneys shall be distributed geographically as determined by the Commissioner.(c) The Secretary may transfer employees and resources of the Department to the Bureau for Child Support Enforcement as may be necessary to fulfill the duties and responsibilities of the Bureau under this chapter: Provided, That the Secretary may not transfer employees of other divisions and agencies within the Department to the Bureau for Child Support Enforcement without a prior finding that the office or position held by the employee may be eliminated and until the office or position is, in fact, eliminated.(d) The Commissioner, if he or she deems such action necessary, may hire legal counsel for the Division, notwithstanding the provisions of section two, article three, chapter five of this code or any other code provision to the contrary, or may request the Attorney General to appoint counsel who shall perform such duties as may be required by the Bureau. The Attorney General, in pursuance of such request, may select and appoint counsel to serve during the will and pleasure of the Attorney General, and shall be paid out of any funds allocated and appropriated to the Child Support Enforcement Fund.(e) The Commissioner may employ such staff or employees as may be necessary to administer and enforce this chapter.
WV Code § 48-18-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-104. Supervisory Responsibilities Within the Bureau for Child Support Enforcement

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 be responsible to the commissioner for the work of his or her organizational unit.
WV Code § 48-18-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-106. Notice to Unemployed Obligor

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 of the support award and of the services that may be available to him or her from the bureau. The bureau shall also inform the obligor of his or her possible entitlement to a reduction in court-ordered support payments; that a failure to obtain a modification will result in the previously-ordered award remaining in effect; and that substantial arrearage might accumulate and remain as judgments against him or her.
WV Code § 48-18-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-107. Creation of Child Support Enforcement Fund; Purpose; Funding; Disbursements

(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 government pursuant to 42 U.S.C. §658 as a percentage of the total amount of support collected directly or by contract by the Bureau for Child Support enforcement, all amounts appropriated by the Legislature to maintain and operate the Bureau for Child Support enforcement according to this chapter, and all interest or other earnings from moneys in the fund. Any agency or entity receiving federal matching funds for services of the Bureau for Child Support enforcement shall enter into an agreement with the secretary whereby all federal matching funds paid to and received by that agency or entity for the activities of the Bureau for Child Support enforcement shall be paid into the child support enforcement fund. Said agreement shall provide for advance payments into the fund by such agencies, from available federal funds, pursuant to Title IV-D of the Social Security Act and in accordance with federal regulations. No expenses incurred under this section shall be a charge against the General Funds of the state.(b) Moneys in the special revenue account shall be appropriated to the department and used exclusively, in accordance with appropriations by the Legislature, to pay costs, fees and expenses incurred, or to be incurred for the following purpose: The provision of child support services authorized pursuant to Title IV, Part D of the Social Security Act and any further duty as set forth in this chapter, including, but not limited to, the duties assigned to the bureau by virtue of its being designated as the single and separate organizational unit within this state to administer the state plan for child and spousal support.(c) Any balance remaining in the special revenue account at the end of any state fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be used solely in a manner consistent with this section: Provided, That for the three succeeding fiscal years after the effective date of this section, any appropriation made to the special revenue account from general revenue shall be repaid to the General Revenue Fund from moneys available in the special revenue account.(d) Disbursements from the special revenue account shall be authorized by the commissioner.
WV Code § 48-18-110 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-110. Attorneys Representing State

(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 agency or entity pursuant to a contract with the Bureau for Child Support enforcement represents the interest of the state or the bureau and not the interest of any other party. The Bureau for Child Support enforcement shall, at the time an application for child support services is made, inform the applicant that any attorney who provides services for the Bureau for Child Support enforcement is the attorney for the State of West Virginia and that the attorney providing those services does not provide legal representation to the applicant.(c) An attorney employed by the Bureau for Child Support enforcement or pursuant to a contract with the Bureau for Child Support enforcement may not be appointed or act as a guardian ad litem or attorney ad litem for a child or another party.
WV Code § 48-18-112 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-112. Cooperation With Other States in the Enforcement of Child Support

(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 paternity or the enforcement of child and spousal support;(3) In securing compliance by an obligor residing temporarily or permanently in this state, with an order issued by a court of competent jurisdiction against such obligor for the support and maintenance of a child or children or the parent of such child or children; and(4) In carrying out other functions necessary to a program of child and spousal support enforcement.(b) The Commissioner shall, establish procedures necessary to extend the Bureau for Child Support Enforcements' system of withholding under article fourteen of this chapter, so that such system may include withholding from income derived within this state in cases where the applicable support orders were issued in other states, in order to assure that child support owed by obligors in this state or any other state will be collected without regard to the residence of the child for whom the support is payable or the residence of such child's custodial parent.
WV Code § 48-18-113 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-113. Disbursements of Amounts Collected as Support

(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 Bureau for Child Support Enforcement in accordance with the provisions for distribution set forth in 42 U.S.C. §657. The Commissioner shall promulgate a legislative rule to establish the appropriate distribution as may be required by the federal law.(b) Any payment required to be made under the provisions of this section to a family shall be made to the resident parent, legal guardian or caretaker relative having custody of or responsibility for the child or children.(c) The Commissioner shall maintain methods of administration which are designed to assure that employees of the Bureau for Child Support Enforcement or any persons employed pursuant to a contract who are responsible for handling cash receipts do not participate in accounting or operating functions which would permit them to conceal in the accounting records the misuse of cash receipts: Provided, That the Commissioner may provide for exceptions to this requirement in the case of sparsely populated areas in this state where the hiring of unreasonable additional staff in the local office would otherwise be necessary.(d) No penalty or fee may be collected by or distributed to a recipient of Bureau for Child Support Enforcement services from the state Treasury or from the Child Support Enforcement Fund when child support is not distributed to the recipient in accordance with the time frames established herein.(e) For purposes of this section, "business day" means a day on which state offices are open for regular business.
WV Code § 48-18-115 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-115. Payment of Support to the Bureau for Child Support Enforcement

All support payments owed to an obligee who is an applicant for or recipient of the services of the Bureau for Child Support enforcement shall be paid to the Bureau for Child Support enforcement. Any other obligee owed a duty of support under the terms of a support order entered by a court of competent jurisdiction may request that the support payments be made to the Bureau for Child Support enforcement. In such case, the Bureau for Child Support enforcement shall proceed to receive and disburse such support payments to or on behalf of the obligee as provided by law.
WV Code § 48-18-116 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-116. Authorization for Data Processing and Retrieval System

In accordance with an initial and annually updated advance data processing planning document approved by the secretary of the federal department of health and human services, the Bureau for Child Support enforcement may establish an automatic data processing and retrieval system designed effectively and efficiently to assist the commissioner in carrying out the provisions of this chapter.
WV Code § 48-18-117 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-117. Obtaining Support From Federal Tax Refunds

The Commissioner shall, by legislative rule promulgated pursuant to chapter twenty-nine-a of this code, place in effect procedures necessary for the Bureau for Child Support Enforcement to obtain payment of past due support from federal tax refunds from overpayments made to the Secretary of the Treasury of the United States. The Bureau for Child Support Enforcement shall take all steps necessary to implement and utilize such procedures.
WV Code § 48-18-118a (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 18. Bureau for Child Support Enforcement|§48-18-118a. Obtaining Refunds of Overpaid Support From State Income Tax Refunds

(a) Definitions.(1) "Obligee" means the same as that term is defined in section two hundred thirty-four, article one of this chapter.(2) "Obligor" means the same as that term is defined in section two hundred thirty-five, article one of this chapter.(3) "Overpaid support" means the same as that term is defined in section two hundred thirty-five, article one of this chapter.(b) The Tax Commissioner shall cooperate with the Commissioner of the Bureau for Child Support Enforcement in establishing and implementing procedures for the collection of overpaid child support from state income tax refunds that are payable to obligees. The Tax Commissioner shall collect the refunds and send the amounts to the Bureau for Child Support Enforcement for distribution to obligors who made the overpayment.