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WV Code § 48-15-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-204. Service of Notice of Action Against a License

The bureau shall send a notice of action against a license by regular mail and by certified mail, return receipt requested, to the person's last-known address or place of business or employment. Simultaneous certified and regular mailing of the written notice shall constitute effective service unless the United States Postal Service returns the mail to the Bureau for Child Support enforcement within the thirty-day response period marked "moved, unable to forward," "addressee not known," "no such number/street," "insufficient address," or "forwarding order expired." If the certified mail is returned for any other reason without the return of the regular mail, the regular mail service shall constitute effective service. If the mail is addressed to the person at his or her place of business or employment, with postal instructions to deliver to addressee only, service will be deemed effective only if the signature on the return receipt appears to be that of the person. Acceptance of the certified mail notice signed by the person, the person's attorney, or a competent member of the person's household above the age of sixteen shall be deemed effective service.
WV Code § 48-15-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-206. Notice of Consequences of Failure to Comply

The notice shall advise the person that further failure to comply may result in an action against licenses held by the person, and that any pending application for a license may be denied, renewal of a license may be refused, or an existing license may be suspended or restricted unless, within thirty days of the date of the notice, the person pays the full amount of the child support arrearage or the medical support arrearage, makes a request for a meeting with a representative of the Bureau for Child Support enforcement to arrange a payment plan or to otherwise arrange compliance with existing support orders, or makes a request for a court hearing to the Bureau for Child Support enforcement. An action against a license shall be terminated if the person pays the full amount of the child support arrearage or medical support arrearage, or provides proof that health insurance for the child has been obtained as required by a medical support order or enters into a written plan with the Bureau for Child Support enforcement for the payment of current payments and payment on the arrearage.
WV Code § 48-15-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-207. Failure to Act in Response to Notice; Entry of Order

If the person fails to take one of the actions described in section 15-206 within thirty days of the date of the notice and there is proof that service on the person was effective, the Bureau for Child Support enforcement shall file a certification with the court setting forth the person's noncompliance with the support order or failure to comply with a subpoena or warrant and the person's failure to respond to the written notice of the potential action against his or her license. If the court is satisfied that service of the notice on the person was effective as set forth in this section, it shall, without need for further due process or hearing, enter an order suspending or restricting any licenses held by the person. Upon the entry of the order, the Bureau for Child Support enforcement shall forward a copy to the person and to any appropriate agencies responsible for the issuance of a license.
WV Code § 48-15-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-208. Request and Petition for Hearing

If the person requests a hearing, the Bureau for Child Support enforcement shall file a petition for a hearing before the family court. The hearing shall occur within forty-two days of the receipt of the person's request. If, prior to the hearing, the person pays the full amount of the child support arrearage or medical support arrearage or provides health insurance as ordered, the action against a license shall be terminated. No action against a license shall be initiated if the Bureau for Child Support enforcement has received notice that the person has pending a motion to modify the child support order if that motion was filed prior to the date that the notice of the action against the license was sent by the Bureau for Child Support enforcement. The court shall consider the Bureau for Child Support enforcement's petition to deny, refuse to renew, suspend or restrict a license in accordance with section 15-209.
WV Code § 48-15-209 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-209. Hearing on Denial, Nonrenewal, Suspension or Restriction of License

(a) The court shall order a licensing authority to deny, refuse to renew, suspend or restrict a license if it finds that:(1) All appropriate enforcement methods have been exhausted or are not available;(2) The person is the holder of a license or has an application pending for a license;(3) The requisite amount of child support or medical support arrearage exists or health insurance for the child has not been provided as ordered, or the person has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding;(4) No motion to modify the child support order, filed prior to the date that the notice was sent by the Bureau for Child Support enforcement, is pending before the court; and(5) There is no equitable reason, such as involuntary unemployment, disability, or compliance with a court-ordered plan for the periodic payment of the child support arrearage amount, for the person's noncompliance with the child support order.(b) If the court is satisfied that the conditions described in subsection (a) of this section exist, it shall first consider suspending or restricting a driver's license prior to professional license. If the person fails to appear at the hearing after being properly served with notice, the court shall order the suspension of all licenses held by the person.(c) If the court finds that a license suspension will result in a significant hardship to the person, to the person's legal dependents under eighteen years of age living in the person's household, to the person's employees, or to persons, businesses or entities to whom the person provides goods or services, the court may allow the person to pay a percentage of the past-due child support amount as an initial payment, and establish a payment schedule to satisfy the remainder of the arrearage within one year, and require that the person comply with any current child support obligation. If the person agrees to this arrangement, no suspension or restriction of any licenses shall be ordered. Compliance with the payment agreement shall be monitored by the Bureau for Child Support enforcement.(d) If a person has good cause for not complying with the payment agreement within the time permitted, the person shall immediately file a motion with the court and the Bureau for Child Support enforcement requesting an extension of the payment plan. The court may extend the payment plan if it is satisfied that the person has made a good faith effort to comply with the plan and is unable to satisfy the full amount of past-due support within the time permitted due to circumstances beyond the person's control. If the person fails to comply with the court-ordered payment schedule, the court shall, upon receipt of a certification of noncompliance from the Bureau for Child Support enforcement, and without further hearing, order the immediate suspension or restriction of all licenses held by the person.
WV Code § 48-15-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-301. Copy of Order Provided to Licensing Authority

BY LICENSING AUTHORITY.§48-15-301. Copy of order provided to licensing authority.(a) The Bureau for Child Support enforcement shall provide the licensing authority with a copy of the order requiring the denial, nonrenewal, suspension or restriction of a license.(b) Upon receipt of an order requiring the suspension or restriction of a license for nonpayment of child support, the licensing authority shall immediately notify the applicant or licensee of the effective date of the denial, nonrenewal, suspension or limitation, which shall be twenty days after the date of the notice, direct any licensee to refrain from engaging in the activity associated with the license, surrender any license as required by law, and inform the applicant or licensee that the license shall not be approved, renewed or reinstated until the court or Bureau for Child Support enforcement certifies compliance with court orders for the payment of current child support and arrearage.(c) The Bureau for Child Support enforcement, in association with the affected licensing authorities, may develop electronic or magnetic tape data transfers to notify licensing authorities of denials, nonrenewals, suspensions and reinstatements.(d) No liability shall be imposed on a licensing authority for suspending or restricting a license if the action is in response to a court order issued in accordance with this article.(e) Licensing authorities shall not have jurisdiction to modify, remand, reverse, vacate or stay a court order to deny, not renew, suspend or restrict a license for nonpayment of child support.
WV Code § 48-15-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-302. Denial, Nonrenewal, Suspension or Restriction Continues Until Further Order or Issuance of Certificate of Compliance

The denial, nonrenewal, suspension or restriction of a license ordered by the court shall continue until the Bureau for Child Support enforcement files with the licensing authority either a court order restoring the license or a Bureau for Child Support enforcement certification attesting to compliance with court orders for the payment of current child support and arrearage.
WV Code § 48-15-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-303. License Applicant to Certify Information Regarding Child Support Obligation

(a) Each licensing authority shall require license applicants to certify on the license application form, under penalty of false swearing, that the applicant does not have a child support obligation, the applicant does have such an obligation but any arrearage amount does not equal or exceed the amount of child support payable for six months, or the applicant is not the subject of a child-support related subpoena or warrant. The application form shall state that making a false statement may subject the license holder to disciplinary action including, but not limited to, immediate revocation or suspension of the license.(b) A license shall not be granted to any person who applies for a license if there is an arrearage equal to or exceeding the amount of child support payable for six months or if it is determined that the applicant has failed to comply with a warrant or subpoena in a paternity or child support proceeding.
WV Code § 48-15-304 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-304. Procedure Where License to Practice Law May Be Subject to Denial, Suspension or Restriction

If a person who has been admitted to the practice of law in this state by order of the Supreme Court of Appeals is determined to be in default under a support order or has failed to comply with a subpoena or warrant in a paternity or child support proceeding, such that his or her other licenses are subject to suspension or restriction under this article, the Bureau for Child Support enforcement may send a notice listing the name and social security number or other identification number to the lawyer disciplinary board established by the Supreme Court of Appeals. The Legislature hereby requests the Supreme Court of Appeals to promptly adopt rules pursuant to its Constitutional authority to govern the practice of law that would include as attorney misconduct for which an attorney may be disciplined, situations in which a person licensed to practice law in West Virginia has been determined to be in default under a support order or has failed to comply with a subpoena or warrant in a paternity or child support proceeding.
WV Code § 48-15-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-401. Application of Article

§48-15-401. Application of article.The provisions of this article apply to all orders issued before or after the enactment of this article. All child support, medical support and health insurance provisions in existence on or before the effective date of this article shall be included in determining whether a case is eligible for enforcement. This article applies to all child support obligations ordered by any state, territory or district of the United States that are being enforced by the Bureau for Child Support enforcement, that are payable directly to the obligee, or have been registered in this state in accordance with the uniform interstate family support act.
WV Code § 48-15-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 15. Enforcement of Support Order Through Action Against License|§48-15-402. Effect of Determination as to Authority of Federal Government to Require Denials, Suspensions or Restrictions of Licenses

The provisions of this article have been enacted to conform to the mandates of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996." If a court of competent jurisdiction should determine, or if it is otherwise determined that the federal government lacked authority to mandate the license denials, nonrenewals, suspensions or restrictions contemplated by this article, then the provisions of this article shall be null and void and of no force and effect.
WV Code § 48-16-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-101. Short Title

§48-16-101. Short title.This article may be cited as the uniform interstate family support act.
WV Code § 48-16-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-103. State Tribunal and Support Enforcement Agency

(a) The family court is the tribunal of this state.(b) The Bureau for Child Support Enforcement is the support enforcement agency of this state.
WV Code § 48-16-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-104. Remedies Cumulative

(a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a support order on the basis of comity.(b) This article does not:(1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.
WV Code § 48-16-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-105. Application of Article to Resident of Foreign Country and Foreign Support Proceeding

(a) A tribunal of this state shall apply parts I through VI [§48-16-101 et seq. through §48-16-601 et seq.] and, as applicable, part VII [§48-16-701 et seq.], to a support proceeding involving:(1) A foreign support order;(2) A foreign tribunal; or(3) An obligee, obligor, or child residing in a foreign country.(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of parts I through VI.(c) Part VII [§48-16-701 et seq.] applies only to a support proceeding under the convention. In such a proceeding, if a provision of part VII [§48-16-701 et seq.] is inconsistent with parts 1 through VI [§48-16-101 et seq. through §48-16-601 et seq.], part VII [§48-16-701 et seq.] controls.
WV Code § 48-16-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-201. Bases for Jurisdiction Over Nonresident

§48-16-201. Bases for jurisdiction over nonresident.(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:(1) The individual is personally served with notice within this state;(2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;(3) The individual resided with the child in this state;(4) The individual resided in this state and provided prenatal expenses or support for the child;(5) The child resides in this state as a result of the acts or directives of the individual;(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;(7) The individual has committed a tortious act by failing to support a child resident in this state; or(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 611 [§48-16-611] are met or in the case of a foreign support order, unless the requirements of section 615 [§48-16-615] are met.
WV Code § 48-16-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-202. Duration of Personal Jurisdiction

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this article or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 205, 206 and 211.
WV Code § 48-16-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-203. Initiating and Responding Tribunal of State

Under this article, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
WV Code § 48-16-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-204. Simultaneous Proceedings

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if:(1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country:(2) The contesting party timely challenges the exercise of jurisdiction in the other state or foreign country; and(3) If relevant, this state is the home state of the child.(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;(2) The contesting party timely challenges the exercise of jurisdiction in this state; and(3) If relevant, the other state or foreign country is the home state of the child.
WV Code § 48-16-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-205. Continuing, Exclusive Jurisdiction to Modify Child Support Order

(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:(1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or(2) Even if this state is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:(1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or(2) Its order is not the controlling order.(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that article which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
WV Code § 48-16-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 16. Uniform Interstate Family Support Act|§48-16-206. Continuing Jurisdiction to Enforce Child Support Order

(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.