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2023 West Virginia Code › Chapter 48. Domestic Relations › Article 14. Remedies for the Enforcement of Support Obligations › §48-14-801. When Monthly Payments May Be Increased to Satisfy Overdue Support

(a) For the purpose of securing overdue support, the Bureau for Child Support Enforcement has the authority to increase the monthly support payments of an obligor by as much as $100 per month to satisfy the arrearage when:
(1) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for six months if the order requires support to be paid in monthly installments; or
(2) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for twenty-seven weeks if the order requires support to be paid in weekly or biweekly installments.
(b) For the purpose of securing overdue support, the Bureau for Child Support Enforcement has the authority to increase the monthly support payments of an obligor by as much as $200 per month to satisfy the arrearage when:
(1) An obligor's gross income equals or exceeds $65,000; and
(2) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for twelve months if the order requires support to be paid in monthly installments; or
(3) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for fifty-four weeks if the order requires support to be paid in weekly or biweekly installments.
(c) An increase in monthly support under this section will be in addition to any amounts withheld from income pursuant to this article.
(d) This increase in monthly support may be enforced through the withholding process.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 14. Remedies for the Enforcement of Support Obligations › §48-14-802. Notice of Increase in Monthly Payments to Satisfy Overdue Support

§48-14-802. Notice of increase in monthly payments to satisfy overdue support.
Notice of the increase shall be sent to the obligor at the time such increase is implemented. If the obligor disagrees with the increase in payments, he or she may file, within thirty days of the date of the notice, a motion with the court for a determination of whether there should be an increase in monthly payments and the amount of that increase, if any.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 14. Remedies for the Enforcement of Support Obligations › §48-14-901. Procedure When Person Contests Action Proposed to Be Taken Against Him

BUREAU FOR CHILD SUPPORT ENFORCEMENT.
§48-14-901. Procedure when person contests action proposed to be taken against him
(a) In any case arising under the provisions of this article wherein a notice is served upon a person requiring him or her to notify the Bureau for Child Support enforcement if the person is contesting action proposed to be taken against him
(1) If the person so notified does not submit written reasons for contesting the action within the time set to contest the proposed action, and does not request a meeting with the Bureau for Child Support enforcement, then the Bureau for Child Support enforcement shall proceed with the proposed action; or
(2) If the person so notified does submit written reasons for contesting the action within the time set to contest the proposed action, and requests a meeting with the Bureau for Child Support enforcement, then the Bureau for Child Support enforcement shall schedule a meeting at the earliest practicable time with the person and attempt to resolve the matter informally.
(b) If the matter cannot be resolved informally, the Bureau for Child Support enforcement shall make a determination as to whether the proposed action is proper and should actually occur.
(c) The determination of the Bureau for Child Support enforcement shall be made within forty-five days from the date of the notice which first apprised the person of the proposed action. Upon making the determination, the Bureau for Child Support enforcement shall inform the parties as to whether or not the proposed action will occur, and, if it is to occur, of the date on which it is to begin, and in the case of withholding from income, shall furnish the obligor with the information contained in any notice given to an employer under the provisions of section 14-407 with respect to such withholding.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 14. Remedies for the Enforcement of Support Obligations › §48-14-1001. Misrepresentation of Delinquent Support Payments; Penalty

§48-14-1001. Misrepresentation of delinquent support payments; penalty.
If any person knowingly and willfully makes any false, fictitious or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, thus misrepresenting the amount of child support actually due and owing, and if such statement, representation, writing or document causes bureau for support enforcement attorney in reliance thereon to institute an action or proceeding or otherwise commence to enforce a support obligation under this article or under section 1-305, such person is guilty of false swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 15. Enforcement of Support Order Through Action Against License › §48-15-101. Applicability of Definitions

§48-15-101. Applicability of definitions.
For purposes of this article, the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 15. Enforcement of Support Order Through Action Against License › §48-15-102. Action Against a License Defined

"Action against a license" means action taken by the Bureau for Child Support enforcement to cause the denial, nonrenewal, suspension or restriction of a license applied for or held by: (A) A support obligor owing overdue support; or (B) a person who has failed to comply with subpoenas or warrants relating to paternity or child support proceedings.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 15. Enforcement of Support Order Through Action Against License › §48-15-104. License Defined

"License" means a license, permit, certificate of registration, registration, credential, stamp or other indicia that evidences a personal privilege entitling a person to do an act that he or she would otherwise not be entitled to do, or evidences a special privilege to pursue a profession, trade, occupation, business or vocation.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 15. Enforcement of Support Order Through Action Against License › §48-15-201. Licenses Subject to Action

§48-15-201. Licenses subject to action.
The following licenses are subject to an action against a license as provided for in this article:
(1) A business registration certificate issued under article twelve, chapter eleven of this code authorizing a person to transact business in the State of West Virginia;
(2) A permit or license issued under chapter seventeen-b of this code authorizing a person to drive a motor vehicle;
(3) A commercial driver's license issued under chapter seventeen-e of this code authorizing a person to drive a class of commercial vehicle;
(4) A permit, license or stamp issued under article two or two-b, chapter twenty of this code regulating a person's activities for wildlife management purposes, authorizing a person to serve as an outfitter or guide or authorizing a person to hunt or fish;
(5) A license or registration issued under chapter thirty of this code authorizing a person to practice or engage in a profession or occupation;
(6) A license issued under article twelve, chapter forty-seven of this code authorizing a person to transact business as a real estate broker or real estate salesperson;
(7) A license or certification issued under article fourteen, chapter thirty-seven of this code authorizing a person to transact business as a real estate appraiser;
(8) A license issued under article twelve, chapter thirty-three of this code authorizing a person to transact insurance business as an agent, broker or solicitor;
(9) A registration made under article two, chapter thirty-two of this code authorizing a person to transact securities business as a broker-dealer, agent or investment advisor;
(10) A license issued under article twenty-two, chapter twenty-nine of this code authorizing a person to transact business as a lottery sales agent;
(11) A license issued under article thirty-two or thirty-four, chapter sixteen of this code authorizing persons to pursue a trade or vocation in asbestos abatement or radon mitigation;
(12) A license issued under article eleven, chapter twenty-one of this code authorizing a person to act as a contractor;
(13) A license issued under article two-c, chapter nineteen of this code authorizing a person to act as an auctioneer; and
(14) A license, permit or certificate issued under chapter nineteen of this code authorizing a person to sell, market or distribute agricultural products or livestock.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 15. Enforcement of Support Order Through Action Against License › §48-15-202. Persons Subject to Notice of Action Against License

The Bureau for Child Support enforcement shall send a written notice of an action against a license to a person who:
(1) Owes overdue child support, if the child support arrearage equals or exceeds the amount of child support payable for six months;
(2) Has failed for a period of six months to pay medical support ordered under article 12-101, et seq., of this code; or
(3) Has failed, after appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-208. Child Support Orders for Two or More Obligees

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-210. Application of Article to Nonresident Subject to Personal Jurisdiction

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this article, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 316 [§48-16-316], communication with a tribunal outside this state pursuant to section 317 [§48-16-317], and obtain discovery through a tribunal outside this state pursuant to section 318 [§48-16-318]. In all other respects, parts III through [§§48-3-101 et seq. through §§ 48-6-101 et seq.] VI do not apply and the tribunal shall apply the procedural and substantive law of this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-211. Continuing, Exclusive Jurisdiction to Modify Spousal Support Order

(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(2) A responding tribunal to enforce or modify its own spousal support order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-301. Proceeding Under Article

§48-16-301. Proceeding under article.
(a) Except as otherwise provided in this article, this part applies to all proceedings under this article.
(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-303. Application of Law of State

Except as otherwise provided in this article, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-304. Duties of Initiating Tribunal

(a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request, the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-305. Duties and Powers of Responding Tribunal

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (b), section 16-301 [§48-16-301], it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages and specify a method of payment;
(5) Enforce orders by civil or criminal contempt or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment and telephone number at the place of employment;
(9) Issue a capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the capias in any local and state computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under this article or, in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-307. Duties of Support Enforcement Agency

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article.
(b) A support enforcement agency of this state that is providing services to the petitioner shall:
(1) Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
(5) Within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(1) To ensure that the order to be registered is the controlling order; or
(2) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to section 319[§48-16-319].
(f) This article does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-310. Duties of State Information Agency

(a) The Bureau for Child Support Enforcement is the state information agency under this article.
(b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states.
(3) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from another state or a foreign country; and
(4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examinations of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-311. Pleadings and Accompanying Documents

(a) In a proceeding under this article, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 16-312 [§48-16-312], the petition or accompanying documents must provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-312. Nondisclosure of Information in Exceptional Circumstances

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-313. Costs and Fees

(a) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fee, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under part VI [§§48-16-601 through 48-16-615], a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-314.Limited. Immunity of Petitioner

(a) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in this state to participate in the proceeding.