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WV Code § 48-16-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-401. Petition to Establish Support Order

§48-16-401. PETITION TO ESTABLISH SUPPORT ORDER.(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:(1) The individual seeking the order resides outside this state; or(2) The support enforcement agency seeking the order is located outside this state.(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:(1) A presumed father of the child;(2) Petitioning to have his paternity adjudicated;(3) Identified as the father of the child through genetic testing;(4) An alleged father who has declined to submit to genetic testing;(5) Shown by clear and convincing evidence to be the father of the child;(6) An acknowledged father as provided by applicable state law;(7) The mother of the child; or(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 16-305 [§48-16-305].
WV Code § 48-16-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-402. Proceeding to Determine Parentage

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.
WV Code § 48-16-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-501. Employer's Receipt of Income Withholding Order of Another State

§48-16-501. Employer's receipt of income withholding order of another state.An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's source of income under section 1-240 {[§48-1-240] of this chapter without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
WV Code § 48-16-502 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-502. Employer's Compliance With Income Withholding Order of Another State

(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.(b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.(c) Except as otherwise provided in subsection (d) of this section and section 16-503 [§48-16-503], the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:(1) The duration and amount of periodic payments of current child support, stated as a sum certain;(2) The person designated to receive payments and the address to which the payments are to be forwarded;(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:(1) The employer's fee for processing an income withholding order;(2) The maximum amount permitted to be withheld from the obligor's income; and(3) The times within which the employer must implement the withholding order and forward the child support payment.
WV Code § 48-16-503 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-503. Employer's Compliance With Two or More Income Withholding Orders

If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
WV Code § 48-16-504 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-504. Immunity From Civil Liability

An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from the obligor's income.
WV Code § 48-16-505 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-505. Penalties for Noncompliance

An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
WV Code § 48-16-506 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-506. Contest by Obligor

(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part VI [§48-16-601 et seq.], or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. (b) The obligor shall give notice of the contest to:(1) A support enforcement agency providing services to the obligee;(2) Each employer that has directly received an income withholding order relating to the obligor; and(3) The person designated to receive payments in the income withholding order, or if no person is designated, to the obligee.
WV Code § 48-16-507 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-507. Administrative Enforcement of Orders

(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article.
WV Code § 48-16-601 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-601. Registration of Order for Enforcement

§48-16-601. Registration of order for enforcement.A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
WV Code § 48-16-602 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-602. Procedure to Register Order for Enforcement

(a) Except as provided in section 706 [§48-16-706], a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the state information agency in this state:(1) A letter of transmittal to the tribunal requesting registration and enforcement;(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;(4) The name of the obligor and, if known:(A) The obligor's address and social security number;(B) The name and address of the obligor's employer and any other source of income of the obligor; and(C) A description and the location of property of the obligor in this state not exempt from execution; and(5) Except as otherwise provided in section 312 [§48-16-312], the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.(b) On receipt of a request for registration, the clerk of the court shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.(d) If two or more orders are in effect, the person requesting registration shall:(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;(2) Specify the order alleged to be the controlling order, if any; and(3) Specify the amount of consolidated arrears, if any.(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
WV Code § 48-16-603 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-603. Effect of Registration for Enforcement

(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.(c) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
WV Code § 48-16-604 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-604. Choice of Law

(a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs:(1) The nature, extent, amount and duration of current payments under a registered support order;(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and(3) The existence and satisfaction of other obligations under the support order.(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.
WV Code § 48-16-605 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-605. Notice of Registration of Order

(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the clerk of the court shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.(b) A notice must inform the nonregistering party:(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under section 707 [§48-16-707];(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and(4) Of the amount of any alleged arrearages.(c) If the registering party asserts that two or more orders are in effect, a notice must also:(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;(2) Notify the nonregistering party of the right to a determination of which is the controlling order;(3) State that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.(d) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's source of income pursuant to section 14-401 et seq. [§48-14-401 et seq.], of this chapter.
WV Code § 48-16-606 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-606. Procedure to Contest Validity or Enforcement of Registered Support Order

(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within the time required by section 605 [§48-16-605]. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 16-607 [§48-16-607].(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
WV Code § 48-16-607 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-607. Contest of Registration or Enforcement

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:(1) The issuing tribunal lacked personal jurisdiction over the contesting party;(2) The order was obtained by fraud;(3) The order has been vacated, suspended or modified by a later order;(4) The issuing tribunal has stayed the order pending appeal;(5) There is a defense under the law of this state to the remedy sought;(6) Full or partial payment has been made;(7) The statute of limitation under section 16-604 [§48-16-604] precludes enforcement of some or all of the alleged arrearages; or(8) The alleged controlling order is not the controlling order.(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
WV Code § 48-16-608 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-608. Confirmed Order

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
WV Code § 48-16-609 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-609. Procedure to Register Child Support Order of Another State for Modification

A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state shall register that order in this state in the same manner provided in sections 16-601 through 16-608 [§§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 later. The pleading must specify the grounds for modification.
WV Code § 48-16-610 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-610. Effect of Registration for Modification

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 16-611 [§48-16-611] or 16-613 [§48-16-613] have been met.
WV Code § 48-16-611 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-611. Modification of Child Support Order of Another State

(a) If section 613 [§48-16-613] does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:(1) The following requirements are met:(A) Neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state;(B) A petitioner who is a nonresident of this state seeks modification; and(C) The respondent is subject to the personal jurisdiction of the tribunal of this state; or(2) This state is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.(b) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls must be so recognized under section 16-207 [§48-16-207] establishes the aspects of the support order which are nonmodifiable.(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.(f) Notwithstanding subsections (a) through (e) of this section and section 201 (b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:(1) One party resides in another state; and(2) The other party resides outside the United States.
WV Code § 48-16-612 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-612. Recognition of Order Modified in Another State

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
WV Code § 48-16-613 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-613. Jurisdiction to Modify Child Support Order of Another State When Individual Parties Reside in This State

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of parts I [§48-16-101 et seq.] and II [§48-16-201 et seq.], and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts III, IV, V, VII and VIII [§§48-16-301 et seq. through §§48-16-501 et seq. and §§48-16-701 et seq. and §§48-16-801 et seq.] do not apply.
WV Code § 48-16-614 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-614. Notice to Issuing Tribunal of Modification

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.