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WV Code § 48-14-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-202. Registration of Foreign Order

If the duty of support is based upon an order from another jurisdiction, the obligee shall first register the order in accordance with the provisions of part 16-601, et seq., of this chapter: Provided, That nothing in this subsection shall prevent the Bureau for Child Support enforcement from enforcing foreign orders for support without registration of the order in accordance with the provisions of part 16-501, et seq., of this chapter.
WV Code § 48-14-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-203. Affidavit of Accrued Support

(a) The affidavit of accrued support may be filed with the clerk of the circuit court in the county in which the obligee or the obligor resides, in the county where the order originated or where the obligor's source of income is located.The affidavit may be filed when a payment required by such order has been delinquent, in whole or in part, for a period of fourteen days.(b) The affidavit shall:(1) Identify the obligee and obligor by name and address, and shall list the last four digits of the obligor's Social Security number or numbers, if known;(2) Name the court which entered the support order and set forth the date of such entry;(3) State the total amount of accrued support which has not been paid by the obligor; and(4) State the name and address of the obligor's source of income, if known.
WV Code § 48-14-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-204. Execution and Notice

PROPERTY FOR OVERDUE SUPPORT.§48-14-204. Execution and notice.(a) Upon receipt of the affidavit, the clerk shall issue a writ of execution, suggestion or suggestee execution and shall mail a copy of the affidavit and a notice of the filing of the affidavit to the obligor at his or her last known address. If the Bureau for Child Support enforcement is not acting on behalf of the obligee in filing the affidavit, the clerk shall forward a copy of the affidavit and the notice of the filing to the Bureau for Child Support enforcement.(b) The notice provided for in subsection (a) of this section must inform the obligor that if he or she desires to contest the affidavit on the grounds that the amount claimed to be in arrears is incorrect or that a writ of execution, suggestion or suggestee execution is not proper because of mistakes of fact, he or she must, within fourteen days of the date of the notice: (1) Inform the Bureau for Child Support enforcement in writing of the reasons why the affidavit is contested and request a meeting with the Bureau for Child Support enforcement; or (2) where a court of this state has jurisdiction over the parties, obtain a date for a hearing before the court and mail written notice of such hearing to the obligee and to the Bureau for Child Support enforcement on a form prescribed by the administrative office of the Supreme Court of Appeals and made available through the office of the clerk of the circuit court.(c) Upon being informed by an obligor that he or she desires to contest the affidavit, the Bureau for Child Support enforcement shall inform the court of such fact, and the court shall require the obligor to give security, post a bond or give some other guarantee to secure payment of overdue support.
WV Code § 48-14-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-205. Circuit Clerk to Provide Form Affidavits

The clerk of the circuit court shall make available form affidavits for use under the provisions of this article. Such form affidavits shall be provided to the clerk by the Bureau for Child Support enforcement. The notice of the filing of an affidavit shall be in a form prescribed by the Bureau for Child Support enforcement.
WV Code § 48-14-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-206. Priority Over Other Legal Process

Writs of execution, suggestions or suggestee executions issued pursuant to the provisions of this article shall have priority over any other legal process under the laws of this state against the same income, except for withholding from income of amounts payable as support in accordance with the provisions of section 14-401 of this chapter, and shall be effective notwithstanding any exemption that might otherwise be applicable to the same income.
WV Code § 48-14-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-207. Amount to Be Withheld From Income

Notwithstanding any other provision of this code to the contrary, the amount to be withheld from the disposable earnings of an obligor pursuant to a suggestee execution in accordance with the provisions of this article shall be the same amount which could properly be withheld in the case of a withholding order under the provisions of 14-401, et seq.
WV Code § 48-14-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-208. Filing of False Affidavit Constitutes False Swearing

A person who files a false affidavit is guilty of false swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
WV Code § 48-14-209 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-209. Application to Support Orders of Another State

The provisions of this article apply to support orders issued by a court of competent jurisdiction of any other state.
WV Code § 48-14-210 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-210. Application to Income Withholding

The provisions of this article do not apply to income withholding, as provided in section 14-401 of this chapter.
WV Code § 48-14-211 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-211. Release of Lien

Upon satisfaction of the overdue support obligation, the obligee shall issue a release to the obligor and file a copy thereof with the clerk of the county commission in the county in which the lien arose pursuant to this section. The Bureau for Child Support enforcement shall issue a release in the same manner and with the same effect as liens taken by the Tax Commissioner pursuant to section twelve, article ten, chapter eleven of this code.
WV Code § 48-14-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-301. Liens Against Real Property by Operation of Law

FOR OVERDUE SUPPORT.§48-14-301. Liens against real property by operation of law.An order for support entered by a court of competent jurisdiction will give rise, by operation of law, to a lien against real property of an obligor who resides or owns property within this state for overdue support upon the filing by the obligee, or, when appropriate, the Bureau for Child Support enforcement, an abstract of the order giving rise to the support obligation and an "Affidavit of Accrued Support" setting forth the particulars of the arrearage.
WV Code § 48-14-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-302. Affidavit of Accrued Support

The affidavit and abstract as provided in section four, article three, chapter thirty-eight of this code shall be filed with the clerk of the county commission in which the real property is located or in the county where the order originated. The affidavit shall:(1) Identify the obligee and obligor by name and address, and shall list the last four digits of the obligor's Social Security number or numbers, if known;(2) Name the court which entered the support order and set forth the date of such entry;(3) Allege that the support obligor is at least thirty days in arrears in the payment of child support; and(4) State the total amount of accrued support which has not been paid by the obligor.
WV Code § 48-14-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-303. Registration of Foreign Order

If the duty of support is based upon a foreign order the obligee shall first register the order in accordance with the provisions of article 16 of this chapter: Provided, That nothing in this subsection shall prevent the Bureau for Child Support enforcement from enforcing foreign orders for support without registration of the order in accordance with the provisions of article 16 of this chapter.
WV Code § 48-14-304 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-304. Full Faith and Credit to Liens Arising in Another State

This state will accord full faith and credit to liens described in section 301 of this article arising in another state, when the out-of-state agency, party, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise within the other state.
WV Code § 48-14-305 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-305. Release of Lien

Upon satisfaction of the overdue support obligation, the obligee shall issue a release to the obligor and file a copy thereof with the clerk of the county commission in the county in which the lien arose pursuant to this section. The Bureau for Child Support enforcement shall issue a release in the same manner and with the same effect as liens taken by the Tax Commissioner pursuant to section twelve, article ten, chapter eleven of this code.
WV Code § 48-14-306 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-306. Filing of False Affidavit Constitutes False Swearing

Any person who files a false affidavit shall be guilty of false swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
WV Code § 48-14-307 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-307. Application to Support Orders of Another State

The provisions of this part 14-301, et seq., shall apply to support orders issued by a court of competent jurisdiction of any other state.
WV Code § 48-14-308 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-308. Enforcement by the Bureau for Child Support Enforcement of Lien on Real Property

The Bureau for Child Support enforcement may enforce a lien upon real property pursuant to the provisions of article three, chapter thirty-eight of this code.
WV Code § 48-14-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-401. Support Orders to Provide for Withholding From Income

§48-14-401. Support orders to provide for withholding from income.(a) Every order entered or modified under the provisions of this article that requires the payment of child support or spousal support must include a provision for automatic withholding from income of the obligor in order to facilitate income withholding as a means of collecting support.(b) Every support order heretofore or hereafter entered by a court of competent jurisdiction is considered to provide for an order of income withholding, notwithstanding the fact that the support order does not in fact provide for an order of withholding. Income withholding may be instituted under this part for any arrearage without the necessity of additional judicial or legal action.(c) Every such order as described in subsection (a) of this section shall contain language authorizing income withholding for both current support and for any arrearages to commence without further court action as follows:The order shall provide that income withholding shall begin immediately, without regard to whether there is an arrearage;(A) When a child for whom support is ordered is included or becomes included in a grant of assistance from the division of human services or a similar agency of a sister state for temporary assistance for needy families benefits, medical assistance only benefits or foster care benefits and is referred to the Bureau for Child Support enforcement; or(B) When the support obligee has applied for services from the Bureau for Child Support enforcement created pursuant to section 18-101, et seq., of this chapter, or the support enforcement agency of another state or is otherwise receiving services from the Bureau for Child Support enforcement as provided for in this chapter. In any case where one of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or in any case where there is filed with the court a written agreement between the parties which provides for an alternative arrangement, such order shall not provide for income withholding to begin immediately, pursuant to section four hundred three, article fourteen of this chapter.
WV Code § 48-14-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-402. Commencement of Withholding From Income Without Further Court Action

AMOUNTS PAYABLE AS SUPPORT.§48-14-402. Commencement of withholding from income without further court action.(a) Except as otherwise provided in section 14-403, a support order as described in section 14-401 must contain or must be deemed to contain language requiring automatic income withholding for both current support and for any arrearages to commence without further court action on the date the support order is entered.(b) The Supreme Court of Appeals shall make available to the family courts standard language to be included in all such orders, so as to conform such orders to the applicable requirements of state and federal law regarding the withholding from income of amounts payable as support.
WV Code § 48-14-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-403. Exception to Requirement for Automatic Withholding From Income

If one of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or in any case where there is filed with the court a written agreement between the parties which provides for an alternative arrangement, the support order may not provide for income withholding to begin immediately.(1) The order must provide that income withholding will begin immediately upon the occurrence of any of the following:(A) When the payments which the obligor has failed to make under the order are at least equal to the support payable for one month, if the order requires support to be paid in monthly installments;(B) When the payments which the obligor has failed to make under the order are at least equal to the support payable for four weeks, if the order requires support to be paid in weekly or bi-weekly installments;(C) When the obligor requests the Bureau for Child Support enforcement to commence income withholding; or(D) When the obligee requests that such withholding begin, if the request is approved by the court in accordance with procedures and standards established by rules promulgated by the commission pursuant to this section and to chapter twenty-nine-a of this code.(2) The court shall consider the best interests of the child in determining whether "good cause" exists under this section. The court may also consider the obligor's payment record in determining whether "good cause" has been demonstrated.(3) When immediate income withholding is not required due to the findings required by this section, the Bureau for Child Support enforcement shall mail a notice to the obligor pursuant to section 14-405 of this article upon the occurrence of any of the conditions provided for in subdivision (1) of this section.
WV Code § 48-14-404 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-404. Enforcement of Withholding by Bureau for Child Support Enforcement

The withholding from an obligor's income of amounts payable as spousal or child support or fees awarded by a court of competent jurisdiction to the state in connection with the establishment of paternity and support or the enforcement of a support order shall be enforced by the Bureau for Child Support Enforcement in accordance with the provisions of part 4 of this article. If an overpayment of spousal or child support occurs and an arrearage exists, the Bureau for Child Support Enforcement shall first offset the overpayment of spousal or child support against the arrearage. If no arrearage exists with which to offset the overpayment or the arrearage is not sufficient to offset the overpayment and the obligee does not enter into a repayment agreement with the Bureau for Child Support Enforcement, the Bureau for Child Support Enforcement may issue an income withholding to the obligee's employer to recoup the amount of the overpayment. The income withholding shall be in the same manner as provided in this article: Provided, That in no circumstances may the amount withheld exceed thirty-five percent of the disposable earnings for the period, regardless of the length of time that the overpayment has been owed.
WV Code § 48-14-405 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-405. Information Required in Notice to Obligor

When income withholding is required, the Bureau for Child Support enforcement shall send by first-class mail or electronic means to the obligor notice that withholding has commenced. The notice shall inform the obligor of the following:(1) The amount owed;(2) That a withholding from the obligor's income of amounts payable as support has commenced;(3) That the amount withheld will be equal to the amount required under the terms of the current support order, plus amounts for any outstanding arrearage;(4) The definition of "gross income" as defined in section 1-228 of this chapter;(5) That the withholding will apply to the obligor's present source of income and to any future source of income and, therefore, no other notice of withholding will be sent to the obligor. A copy of any new or modified withholding notice will be sent to the obligor at approximately the same time the original is sent to the source of income;(6) That any action by the obligor to purposefully minimize his or her income will result in the enforcement of support being based upon potential and not just actual earnings;(7) That payment of the arrearage after the date of the notice is not a bar to such withholding;(8) That the obligor may request a review of the withholding by written request to the Bureau for Child Support enforcement when the obligor has information showing an error in the current or overdue support amount or a mistake as to the identity of the obligor;(9) That a mistake of fact exists only when there is an error in the amount of current or overdue support claimed in the notice or there is a mistake as to the identity of the obligor;(10) That matters such as lack of visitation, inappropriateness of the support award or changed financial circumstances of the obligee or the obligor will not be considered at any hearing held pursuant to the withholding, but may be raised by the filing of a separate petition in family court;(11) That if the obligor desires to contest the withholding, the obligor may petition the family court for a resolution; and(12) That while the withholding is being contested through the court, the income withholding may not be stayed but may be modified.
WV Code § 48-14-406 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-406. Notice to Source of Income; Withholding in Compliance With Order

(a) Withholding shall occur and the notice to withhold shall be sent either by first-class mail or by electronic means to the source of income when the support order provides for immediate income withholding pursuant to sections four hundred one and four hundred two of this article or if immediate income withholding is not so provided, when the support payments are in arrears in the amount specified in section four hundred three [§48-14-403] of this article.(b) The source of income shall withhold so much of the obligor's income as is necessary to comply with the order authorizing such withholding, up to the maximum amount permitted under applicable law for both current support and for any arrearages which are due. Such withholding, unless otherwise terminated under the provisions of this part, shall apply to any subsequent source of income or any subsequent period of time during which income is received by the obligor.(c) In addition to any amounts payable as support withheld from the obligor's income, the source of income may deduct a fee, not to exceed $1, for administrative costs incurred by the source of income for each withholding.
WV Code § 48-14-409 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-409. Time for Implementing Withholding

Every source of income who receives a notice of withholding under the provisions of this section shall implement withholding no later than the first pay period or first date for the payment of income which occurs after fourteen days following the date the notice to the source of income was mailed.
WV Code § 48-14-410 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-410. Sending Amounts Withheld to Bureau; Notice

After implementation in accordance with the provisions of section 14-409, a source of income shall send the amount to be withheld from the obligor's income to the Bureau for Child Support enforcement and shall notify the Bureau for Child Support enforcement of the date of withholding, the same date that the obligor is paid. If the source of income has more than fifty employees, the source of income shall submit the support withheld via electronic means in a manner prescribed by the Bureau for Child Support enforcement.
WV Code § 48-14-411 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-411. Time Withholding Is to Stay in Effect

Withholding of amounts payable as support under the provisions of this part 4 of this article is binding on the source of income until further notice by the Bureau for Child Support enforcement or until the source of income notifies the Bureau for Child Support enforcement of a termination of the obligor's employment in accordance with the provisions of section 14-412.
WV Code § 48-14-412 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 14. Remedies for the Enforcement of Support Obligations|§48-14-412. Notice of Termination of Employment or Receipt of Income

A source of income who employs or otherwise pays income to an obligor who is subject to withholding under the provisions of this part 4 shall notify the Bureau for Child Support enforcement promptly when the obligor terminates employment or otherwise ceases receiving income from the source of income, and shall provide the Bureau for Child Support enforcement with the obligor's last known address and the name and address of the obligor's new source of income, if known.