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2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 7. Partner's Dissociation When Business Not Wound Up › §47B-7-3. Dissociated Partner's Liability to Other Persons

(a) A partner's dissociation does not of itself discharge the partner's liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection (b) of this section.
(b) A partner who dissociates without resulting in a dissolution and winding up of the partnership business is personally liable as a partner to the other party on account of a partnership obligation incurred in connection with a transaction entered into by the partnership, or a surviving partnership under article nine of this chapter, within two years after the partner's dissociation, only if at the time of entering into the transaction the other party:
(1) Reasonably believed that the dissociated partner was then a partner;
(2) Did not have notice of the partner's dissociation;
(3) Is not deemed to have had knowledge under subsection (e), section three, article three of this chapter or notice under subsection (c), section four of this article; and
(4) The obligation is one on account of which the partner would be personally liable under section six, article three of this chapter if the partner had not dissociated from the partnership.
(c) By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation.
(d) A dissociated partner is released from liability for a partnership obligation if a partnership creditor, with notice of the partner's dissociation but without the partner's consent, agrees to a material alteration in the nature or time of payment of a partnership obligation.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 7. Partner's Dissociation When Business Not Wound Up › §47B-7-4. Statement of Dissociation

(a) A dissociated partner or the partnership may file a statement of dissociation stating the name of the partnership and that the partner is dissociated from the partnership.
(b) A statement of dissociation is a limitation on the authority of a dissociated partner for the purposes of subsections (d) and (e), section three, article three of this chapter.
(c) For the purposes of subdivision (3), subsection (a), section two, and subdivision (3), subsection (b) of section three, article seven of this chapter, a person not a partner is deemed to have notice of the dissociation ninety days after the statement of dissociation is filed.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-1. Events Causing Dissolution and Winding Up of Partnership Business

A partnership is dissolved, and its business must be wound up, only upon the occurrence of any of the following events:
(1) In a partnership at will, the partnership's having notice from a partner, other than a partner who is dissociated under subdivisions (2) through (10), section one, article six of this chapter, of that partner's express will to withdraw as a partner, or on a later date specified by the partner;
(2) In a partnership for a definite term or particular undertaking:
(i) The expiration of ninety days after a partner's dissociation by death or otherwise under subdivisions (6) through (10), section one, article six, or wrongful dissociation under subsection (b), section two, article six, both of this chapter, unless before that time a majority in interest of the remaining partners, including partners who have rightfully dissociated pursuant to paragraph (i), subdivision (2), subsection (b), section two, article six of this chapter, agree to continue the partnership;
(ii) The express will of all of the partners to wind up the partnership business; or
(iii) The expiration of the term or the completion of the undertaking;
(3) An event agreed to in the partnership agreement resulting in the winding up of the partnership business;
(4) An event that makes it unlawful for all or substantially all of the business of the partnership to be continued, but a cure of illegality within ninety days after notice to the partnership of the event is effective retroactively to the date of the event for purposes of this section;
(5) On application by a partner, a judicial determination that:
(i) The economic purpose of the partnership is likely to be unreasonably frustrated;
(ii) Another partner has engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with that partner; or
(iii) It is not otherwise reasonably practicable to carry on the partnership business in conformity with the partnership agreement; or
(6) On application by a transferee of a partner's transferable interest, a judicial determination that it is equitable to wind up the partnership business:
(i) After the expiration of the term or completion of the undertaking, if the partnership was for a definite term or particular undertaking at the time of the transfer or entry of the charging order that gave rise to the transfer; or
(ii) At any time, if the partnership was a partnership at will at the time of the transfer or entry of the charging order that gave rise to the transfer.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-2. Partnership Continued After Dissolution

(a) Subject to subsection (b) of this section, a partnership continues after dissolution only for the purpose of winding up its business. The partnership is terminated when the winding up of its business is completed.
(b) At any time after the dissolution of a partnership and before the winding up of its business is completed, all of the partners, including any dissociating partner other than a wrongfully dissociating partner, may waive the right to have the partnership's business wound up and the partnership terminated.
In that event:
(1) The partnership resumes carrying on its business as if dissolution had never occurred, and any liability incurred by the partnership or a partner after the dissolution and before the waiver is determined as if dissolution had never occurred; and
(2) The rights of a third party accruing under subdivision (1), section four, article eight of this chapter or arising out of conduct in reliance on the dissolution before the third party knew or received a notification of the waiver may not be adversely affected.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-3. Right to Wind Up Partnership Business

(a) After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership's business, but on application of any partner, partner's legal representative, or transferee, the circuit court or judge thereof in vacation, for good cause shown, may order judicial supervision of the winding up.
(b) The legal representative of the last surviving partner may wind up a partnership's business.
(c) A person winding up a partnership's business may preserve the partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal or administrative, settle and close the partnership's business, dispose of and transfer the partnership's property, discharge the partnership's liabilities, distribute the assets of the partnership pursuant to section seven, article eight of this chapter, settle disputes by mediation or arbitration, and perform other necessary acts.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-4. Partner's Power to Bind Partnership After Dissolution

Subject to section five, article eight of this chapter, a partnership is bound by a partner's act after dissolution that:
(1) Is appropriate for winding up the partnership business; or
(2) Would have bound the partnership under section one, article three of this chapter before dissolution, if the other party to the transaction did not have notice of the dissolution.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-5. Statement of Dissolution

(a) After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business.
(b) A statement of dissolution cancels a filed statement of partnership authority for the purposes of subsection (d), section three, article three of this chapter and is a limitation on authority for the purposes of subsection (e), section three, article three of this chapter.
(c) For the purposes of section one, article three and section four, article eight, both of this chapter, a person not a partner is deemed to have notice of the dissolution and the limitation on the partners' authority as a result of the statement of dissolution ninety days after it is filed.
(d) After filing and, if appropriate, recording a statement of dissolution, a dissolved partnership may file and, if appropriate, record a statement of partnership authority which will operate with respect to a person not a partner as provided in subsections (d) and (e), section three, article three of this chapter in any transaction, whether or not the transaction is appropriate for winding up the partnership business.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-6. Partner's Liability to Other Partners After Dissolution

(a) Except as otherwise provided in subsection (b) of this section, after dissolution a partner is liable to the other partners for the partner's share of any partnership liability incurred under section four of this article for which such partner is personally liable under section six, article three of this chapter.
(b) A partner who, with knowledge of the dissolution, incurs a partnership liability under subsection (2), section four of this article by an act that is not appropriate for winding up the partnership business is liable to the partnership for any damage caused to the partnership arising from the liability.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 8. Winding Up Partnership Business › §47B-8-7. Settlement of Accounts and Contributions Among Partners

(a) In winding up a partnership's business, the assets of the partnership, including the contributions of the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors. Any surplus must be applied to pay in cash the net amount distributable to partners in accordance with their right to distributions under subsection (b) of this section.
(b) Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In settling accounts among the partners, the profits and losses that result from the liquidation of the partnership assets must be credited and charged to the partners' accounts. The partnership shall make a distribution to a partner in an amount equal to any excess of the credits over the charges in the partner's account. A partner shall contribute to the partnership an amount equal to any excess of the charges over the credits in the partner's account that is attributable to an obligation for which such partner is personally liable under section six, article three of this chapter.
(c) If a partner fails or is not obligated to contribute, all of the other partners shall contribute, in the proportions in which those partners share partnership losses, the additional amount necessary to satisfy any partnership obligations for which such partner is personally liable under section six, article three of this chapter. A partner or partner's legal representative may recover from the other partners any contributions the partner makes to the extent the amount contributed exceeds that partner's share of the partnership obligations, to the extent such contributions are made on account of obligations for which the other partners are liable under said section.
(d) After the settlement of accounts, each partner shall contribute, in the proportion in which the partner shares partnership losses, the amount necessary to satisfy partnership obligations for which such partner is personally liable under section six, article three of this chapter and that were not known at the time of settlement.
(e) The estate of a deceased partner is liable for the partner's obligation to contribute to the partnership under subsection (b) of this section.
(f) An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to represent creditors of a partnership or a partner, may enforce a partner's obligation to contribute to the partnership under subsection (b) of this section.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 9. Conversions and Mergers › §47B-9-1. Definitions

In this article:
(1) "General partner" means a partner in a partnership and a general partner in a limited partnership.
(2) "Limited partner" means a limited partner in a limited partnership.
(3) "Limited partnership" means a limited partnership created under section one, et seq., article nine, chapter forty-seven of this code, predecessor law, or comparable law of another jurisdiction.
(4) "Partner" includes both a general partner and a limited partner.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 9. Conversions and Mergers › §47B-9-2. Conversion of Partnership to Limited Partnership

(a) A partnership may be converted to a limited partnership pursuant to this section.
(b) The terms and conditions of a conversion of a partnership to a limited partnership must be approved by all of the partners or by a number or percentage specified for conversion in the partnership agreement.
(c) After the conversion is approved by the partners, the partnership shall file a certificate of limited partnership in the jurisdiction in which the limited partnership is to be formed. The certificate must include:
(1) A statement that the partnership was converted to a limited partnership from a partnership;
(2) Its former name; and
(3) A statement of the number of votes cast by the partners for and against the conversion and, if the vote is less than unanimous, the number or percentage required to approve the conversion under the partnership agreement.
(d) The conversion takes effect when the certificate of limited partnership is filed or at any later date specified in the certificate.
(e) A general partner who becomes a limited partner as a result of the conversion remains liable as a general partner for an obligation incurred by the partnership before the conversion takes effect for which the partner is personally liable under section six, article three of this chapter. If the other party to a transaction with the limited partnership reasonably believes when entering the transaction that the limited partner is a general partner, the limited partner is liable for an obligation incurred by the limited partnership within ninety days after the conversion takes effect for which a general partner would be personally liable under said section. The limited partner's liability for all other obligations of the limited partnership incurred after the conversion takes effect is that of a limited partner as provided in sections one et seq., article nine, chapter forty-seven of this code.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 9. Conversions and Mergers › §47B-9-3. Conversion of Limited Partnership to Partnership

(a) A limited partnership may be converted to a partnership pursuant to this section.
(b) Notwithstanding a provision to the contrary in a limited partnership agreement, the terms and conditions of a conversion of a limited partnership to a partnership must be approved by all of the partners.
(c) After the conversion is approved by the partners, the limited partnership shall cancel its certificate of limited partnership.
(d) The conversion takes effect when the certificate of limited partnership is canceled.
(e) A limited partner who becomes a general partner as a result of the conversion remains liable only as a limited partner for an obligation incurred by the limited partnership before the conversion takes effect. The partner is liable as a general partner for an obligation of the partnership for which the partner is personally liable under section six, article three of this chapter incurred after the conversion takes effect.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 9. Conversions and Mergers › §47B-9-4. Effect of Conversion; Entity Unchanged

(a) A partnership or limited partnership that has been converted pursuant to this article is for all purposes the same entity that existed before the conversion.
(b) When a conversion takes effect:
(1) All property owned by the converting partnership or limited partnership remains vested in the converted entity;
(2) All obligations of the converting partnership or limited partnership continue as obligations of the converted entity; and
(3) An action or proceeding pending against the converting partnership or limited partnership may be continued as if the conversion had not occurred.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 9. Conversions and Mergers › §47B-9-5. Merger of Partnerships

(a) Pursuant to a plan of merger approved as provided in subsection (c) of this section, a partnership may be merged with one or more partnerships or limited partnerships.
(b) The plan of merger must set forth:
(1) The name of each partnership or limited partnership that is a party to the merger;
(2) The name of the surviving entity into which the other partnerships or limited partnerships will merge;
(3) Whether the surviving entity is a partnership or a limited partnership and the status of each partner;
(4) The terms and conditions of the merger;
(5) The manner and basis of converting the interests of each party to the merger into interests or obligations of the surviving entity, or into money or other property, in whole or part; and
(6) The street address of the surviving entity's chief executive office.
(c) The plan of merger must be approved:
(1) In the case of a partnership that is a party to the merger, by all of the partners, or a number or percentage specified for merger in the partnership agreement; and
(2) In the case of a limited partnership that is a party to the merger, by the vote required for approval of a merger by the law of the state or foreign jurisdiction in which the limited partnership is organized and, in the absence of such a specifically applicable law, by all of the partners, notwithstanding a provision to the contrary in the partnership agreement.
(d) After a plan of merger is approved and before the merger takes effect, the plan may be amended or abandoned as provided in the plan.
(e) The merger takes effect on the later of:
(1) The approval of the plan of merger by all parties to the merger, as provided in subsection (c) of this section;
(2) The filing of all documents required by law to be filed as a condition to the effectiveness of the merger; or
(3) Any effective date specified in the plan of merger.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 9. Conversions and Mergers › §47B-9-7. Statement of Merger

(a) After a merger, the surviving partnership or limited partnership may file a statement that one or more partnerships or limited partnerships have merged into the surviving entity.
(b) A statement of merger must contain:
(1) The name of each partnership or limited partnership that is a party to the merger;
(2) The name of the surviving entity into which the other partnerships or limited partnership were merged;
(3) The street address of the surviving entity's chief executive office and of an office in this state, if any; and
(4) Whether the surviving entity is a partnership or a limited partnership.
(c) Except as otherwise provided in subsection (d) of this section, for the purposes of section two, article three of this chapter, property of the surviving partnership or limited partnership which before the merger was held in the name of another party to the merger is property held in the name of the surviving entity upon filing a statement of merger.
(d) For the purposes of section two, article three of this chapter, real property of the surviving partnership or limited partnership which before the merger was held in the name of another party to the merger is property held in the name of the surviving entity upon recording a certified copy of the statement of merger in the office for recording transfers of that real property.
(e) A filed and, if appropriate, recorded statement of merger, executed and declared to be accurate pursuant to subsection (c), section five, article one of this chapter, stating the name of a partnership or limited partnership that is a party to the merger in whose name property was held before the merger and the name of the surviving entity, but not containing all of the other information required by subsection (b) of this section, operates with respect to the partnerships or limited partnerships named to the extent provided in subsections (c) and (d) of this section.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 10. Limited Liability Partnerships › §47B-10-2. Effect of Registration; Entity Unchanged

(a) A partnership that has registered pursuant to this article is for all purposes the same partnership that existed before the registration.
(b) When registration takes effect:
(1) All property owned by the registering partnership remains vested in the registered partnership;
(2) All obligations of the registering partnership continue as obligations of the registered partnership; and
(3) An action or proceeding pending against the registering partnership may be continued as if the registration had not occurred.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 10. Limited Liability Partnerships › §47B-10-3. Name of Registered Limited Liability Partnership

(a) The name of a registered limited liability partnership shall contain either the words Registered Limited Liability Partnership, or the abbreviation L.L.P. or LLP as the last words or letters of its name; or
(b) A registered limited liability limited partnership shall contain the words Registered Limited Liability Limited Partnership, or the abbreviation L.L.L.P. or LLLP as the last words or letters of its name.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 10. Limited Liability Partnerships › §47B-10-4. Applicability of Article to Foreign and Interstate Commerce

(a) A registered limited liability partnership formed under this article may conduct its business, carry on its operations and have and exercise the powers granted by this chapter in any state, territory, district or possession of the United States or in any foreign country.
(b) It is the intent of the Legislature that the legal existence of registered limited liability partnerships formed under this article be recognized outside the boundaries of this state and that the laws of this state governing such registered limited liability partnerships doing business outside this state be granted the protection of full faith and credit under the Constitution of the United States.
(c) Notwithstanding section six, article one of this chapter, the internal affairs of registered limited liability partnerships formed under this article, including the liability of partners for debts, obligations and liabilities of or chargeable to the partnership, shall be subject to and governed by the laws of this state.
(d) Before transacting business in this state, a foreign registered limited liability partnership shall:
(1) Comply with any statutory or administrative registration or filing requirements governing the specific type of business in which the partnership is engaged; and
(2) File a notice with the Secretary of State, stating the name of the partnership or if its name is unavailable for use in this state, a limited partnership name that satisfies the requirements of section four-e of this article, including a copy of the resolution of its partners adopting the fictitious name; the address of its principal office; the address of a registered office and the name and address of a registered agent for service of process, if any; an e-mail address to where informational notices and reminders of annual filings may be sent, unless there is a technical inability to comply; a brief statement of the business in which the partnership engages; the name and address of each partner authorized to execute instruments on behalf of the partnership and any other matters that the partnership determines to include; and a brief statement of the business in which the partnership engages. Such notice shall be effective for two years from the date of filing, after which time the partnership shall file a new notice. (e) The name of a foreign registered limited liability partnership doing business in this state shall contain the words "Registered Limited Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name.
(f) Notwithstanding section six, article one of this chapter, the internal affairs of foreign registered limited liability partnerships, including the liability of partners for debts, obligations and liabilities of or chargeable to the partnership, shall be subject to and governed by the laws of the jurisdiction in which the foreign registered limited liability partnership is registered.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 10. Limited Liability Partnerships › §47B-10-5. Insurance or Financial Responsibility of Registered Limited Liability Partnerships

(a) A registered limited liability partnership, and any foreign limited liability partnership transacting business in this state, shall carry at all times at least $1 million of liability insurance of a kind that is designed to cover the kinds of omissions, negligence, wrongful acts, misconduct and malpractice for which liability is limited by subsection (c), section six, article three of this chapter and which insures the partnership and its partners.
(b) If, in any proceeding, compliance by a partnership with the requirements of subsection (a) of this section is disputed, that issue shall be determined by the court, and the burden of proof of compliance shall be on the person who claims the limitation of liability in subsection (c), section six, article three of this chapter.
(c) If a registered limited liability partnership is in compliance with the requirements of subsection (a) of this section, the requirements of this section shall not be admissible or in any way be made known to a jury in determining an issue of liability for or extent of the obligation or damages in question.
(d) A registered limited liability partnership is considered to be in compliance with subsection (a) of this section if the partnership provides $1 million of funds specifically designated and segregated for the satisfaction of judgments against the partnership or its partners based on the kinds of omissions, negligence, wrongful acts, misconduct and malpractice for which liability is limited by subsection (c), section six, article three of this chapter, by:
(1) Deposit in trust or in bank escrow of cash, bank certificates of deposit or United States Treasury obligations; or
(2) A bank letter of credit or insurance company bond.
(e) Any policy or contract of liability insurance providing coverage for liability as described in this section shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured granted by the provisions of this chapter.
2023 West Virginia Code › Chapter 47B. Uniform Partnership Act › Article 11. Miscellaneous Provisions › §47B-11-4. Applicability

(a) Before July 1, 1995, this chapter governs only a partnership formed:
(1) After the effective date of this chapter, unless that partnership is continuing the business of a dissolved partnership under section forty-one, article eight-a, chapter forty-seven of this code; and
(2) Before the effective date of this chapter, that elects, as provided by subsection (c) of this section, to be governed by this chapter.
(b) After July 1, 1995, this chapter governs all partnerships.
(c) Before July 1, 1995, a partnership voluntarily may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be governed by this chapter. The provisions of this chapter relating to the liability of the partnership's partners to third parties apply to limit those partners' liability to a third party who had done business with the partnership within one year preceding the partnership's election to be governed by this chapter, only if the third party knows or has received a notification of the partnership's election to be governed by this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-101. Short Title; Intent of Recodification

§48-1-101. Short title; intent of recodification.
(a) This chapter sets forth the "West Virginia Domestic Relations Act."
(b) The recodification of this chapter during the regular session of the Legislature in the year 2001 is intended to embrace in a revised, consolidated, and codified form and arrangement the laws of the State of West Virginia relating to domestic relations at the time of that enactment.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-102. Legislative Intent; Continuation of Existing Statutory Provisions

In recodifying the domestic relations law of this state during the regular session of the Legislature in the year 2001 through the passage of House Bill 2199 it is intended by the Legislature that each specific reenactment of a substantively similar prior statutory provision will be construed as continuing the intended meaning of the corresponding prior statutory provision and any existing judicial interpretation of the prior statutory provision. It is not the intent of the Legislature, by recodifying the domestic relations law of this state during the regular session of the Legislature in the year 2001 through the passage of House Bill 2199 to alter the substantive law of this state as it relates to domestic relations.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-103. Operative Date of Enactment; Effect on Existing Law

The amendment and reenactment of chapter forty-eight of this code and the repeal of chapters forty-eight-a, forty-eight-b and forty-eight-c of this code pursuant to the provisions of Enrolled Committee Substitute for House Bill No. 2199, as enacted by the Legislature during the regular session, 2001, are operative on September 1, 2001. The prior enactments of chapters forty-eight, forty-eight-a, forty-eight-b and forty-eight-c of this code, whether amended and reenacted or repealed by the passage of Enrolled Committee Substitute for House Bill No. 2199 have full force and effect until the provisions of Enrolled Committee Substitute for House Bill No. 2199 are operative on September 1, 2001, unless after the effective date of Enrolled Committee Substitute for House Bill No. 2199 and prior to the operative date of September 1, 2001, the provisions of Enrolled Committee Substitute for House Bill No. 2199 are otherwise repealed or amended and reenacted
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-104. West Virginia Code Replacement

The Department of Health and Human Resources is not required to change any form or letter that contains a citation to this code that is changed or otherwise affected by the recodification of this chapter during the regular session of the Legislature in the year 2001 through the passage of Committee Substitute for House Bill 2199, unless specifically required by a provision of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-201. Applicability of Definitions

§48-1-201. Applicability of definitions.
For the purposes of this chapter 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 in this article. These definitions are applicable unless a different meaning clearly appears from the context.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-202. Adjusted Gross Income Defined

§48-1-202. Adjusted gross income defined.
(a) "Adjusted gross income" means gross income less the payment of previously ordered child support, spousal support or separate maintenance.
(b) A further deduction from gross income for additional dependents may be allowed by the court if the parent has legal dependents other than those for whom support is being determined. An adjustment may be used in the establishment of a child support order or in a review of a child support order. However, in cases where a modification is sought, the adjustment should not be used to the extent that it results in a support amount lower than the previously existing order for the children who are the subject of the modification. The court may elect to use the following adjustment because it allots equitable shares of support to all of the support obligor's legal dependents. Using the income of the support obligor only, determine the basic child support obligation (from the table of basic child support obligations in section 13-301 of this chapter) for the number of additional legal dependents living with the support obligor. Multiply this figure by 0.75 and subtract this amount from the support obligor's gross income.
(c) As used in this section, the term "legal dependents" means:
(1) Minor natural or adopted children who live with the parent; and
(2) Natural or adopted adult children who are totally incapacitated because of physical or emotional disabilities and for whom the parent owes a duty of support.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-203. Antenuptial or Prenuptial Agreement Defined

"Antenuptial agreement" or "prenuptial agreement" means an agreement between a man and woman before marriage, but in contemplation and generally in consideration of marriage, by which the property rights and interests of the prospective husband and wife, or both of them, are determined, or where property is secured to either or both of them, to their separate estate, or to their children or other persons. An antenuptial agreement may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties. The agreement may provide for the disposition of marital property upon an annulment of the marriage or a divorce or separation of the parties. A prenuptial agreement is void if at the time it is made either of the parties is a minor.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-204. Arrearages or Past Due Support Defined

"Arrearages" or "past due support" means the total of any matured, unpaid installments of child support required to be paid by an order entered or modified by a court of competent jurisdiction, or by the order of a magistrate court of this state, and shall stand, by operation of law, as a decretal judgment against the obligor owing such support. The amount of unpaid support shall bear interest from the date it accrued, at a rate of five percent per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time. Except as provided in rule 23 of rules of practice and procedure for family law and as provided in section 1-302, a child support order may not be retroactively modified so as to cancel or alter accrued installments of support.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-206. Automatic Data Processing and Retrieval System Defined

"Automatic data processing and retrieval system" means a computerized data processing system designed to do the following:
(1) To control, account for and monitor all of the factors in the support enforcement collection and paternity determination process, including, but not limited to:
(A) Identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses and mailing addresses of any individual with respect to whom support obligations are sought to be established or enforced and with respect to any person to whom such support obligations are owing) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screening to determine whether such individual is paying or is obligated to pay support in more than one jurisdiction;
(B) Checking of records of such individuals on a periodic basis with federal, interstate, intrastate and local agencies;
(C) Maintaining the data necessary to meet applicable federal reporting requirements on a timely basis; and
(D) Delinquency and enforcement activities;
(2) To control, account for and monitor the collection and distribution of support payments (both interstate and intrastate) the determination, collection and distribution of incentive payments (both interstate and intrastate), and the maintenance of accounts receivable on all amounts owed, collected and distributed;
(3) To control, account for and monitor the costs of all services rendered, either directly or by exchanging information with state agencies responsible for maintaining financial management and expenditure information;
(4) To provide access to the records of the Department of Health and Human Resources in order to determine if a collection of a support payment causes a change affecting eligibility for or the amount of aid under such program;
(5) To provide for security against unauthorized access to, or use of, the data in such system;
(6) To facilitate the development and improvement of the income withholding and other procedures designed to improve the effectiveness of support enforcement through the monitoring of support payments, the maintenance of accurate records regarding the payment of support and the prompt provision of notice to appropriate officials with respect to any arrearage in support payments which may occur; and
(7) To provide management information on all cases from initial referral or application through collection and enforcement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-207. Basic Child Support Obligation Defined

"Basic child support obligation" means the base amount of child support due by both parents as determined by the table of basic child support obligations set forth in section 13-301 of this chapter, based upon the combined adjusted gross income of the parents and the number of children to whom support is due.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-208. Bureau for Child Support Enforcement Defined

"Bureau for child support enforcement" means the agency created under the provisions of article eighteen of this chapter, or any public or private entity or agency contracting to provide a service. The "Bureau for Child Support enforcement" is that agency intended by the Legislature to be the single and separate organizational unit of state government administering programs of child and spousal support enforcement and meeting the staffing and organizational requirements of the secretary of the federal department of health and human services. A reference in this chapter and elsewhere in this code to the "child advocate office" or the child support enforcement division shall be interpreted to refer to the Bureau for Child Support enforcement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-210. Caretaker and Caretaking Functions Defined

(a) "Caretaker" means a person who performs one or more caretaking functions for a child. The term "caretaking functions" means activities that involve interaction with a child and the care of a child. Caretaking functions also include the supervision and direction of interaction and care provided by other persons.
(b) Caretaking functions include the following:
(1) Performing functions that meet the daily physical needs of the child. These functions include, but are not limited to, the following:
(A) Feeding;
(B) Dressing;
(C) Bedtime and wake-up routines;
(D) Caring for the child when sick or hurt;
(E) Bathing and grooming;
(F) Recreation and play;
(G) Physical safety; and
(H) Transportation.
(2) Direction of the child's various developmental needs, including the acquisition of motor and language skills, toilet training, self-confidence and maturation;
(3) Discipline, instruction in manners, assignment and supervision of chores and other tasks that attend to the child's needs for behavioral control and self-restraint;
(4) Arrangements for the child's education, including remedial or special services appropriate to the child's needs and interests, communication with teachers and counselors and supervision of homework;
(5) The development and maintenance of appropriate interpersonal relationships with peers, siblings and adults;
(6) Arrangements for health care, which includes making medical appointments, communicating with health care providers and providing medical follow-up and home health care;
(7) Moral guidance; and
(8) Arrangement of alternative care by a family member, baby-sitter or other child care provider or facility, including investigation of alternatives, communication with providers and supervision.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-215. Contingent Fee Agreement Defined

(a) "Contingent fee agreement" means a contract under which an attorney may be compensated for work in progress, dependent on the occurrence of some future event which is not certain and absolute. As such, a contingent fee agreement is not an asset, but is potential income or income capacity. This potential income may have current value, and a portion of that current value, if any, may be considered to be a marital asset. In the event a party seeks to quantify the current value of a particular contingent fee agreement for the purpose of establishing the value of the agreement as marital property, the court must find that the party has proved such value by a preponderance of the evidence. Factors to be considered by the court include, but are not limited to, the following:
(1) The nature of the particular case or claim which underlies the agreement;
(2) The jurisdiction or venue of any projected trial or proceeding;
(3) Any historical data relevant to verdicts or settlements within the jurisdiction where the case or claim is pending or may be brought;
(4) The terms and particulars of the agreement;
(5) The status of the case or claim at valuation date;
(6) The amount of time spent working on the case or claim prior to the valuation date, and an analysis of the nature of how that time was spent, including, but not limited to, such activities such as investigation, research, discovery, trial or appellate practice;
(7) The extent of the person's active role in the work in process, whether as an actual participant or as an indirect participant such as a partner, local counsel or other ancillary role;
(8) The age of the case or claim;
(9) The expenses accrued or projected to bring the case or claim to resolution, including any office overhead attributable to case or claim; and
(10) The probable tax consequences attendant to a successful resolution of the case or claim.
(b) The provisions of this section as enacted during the regular session of the Legislature, one thousand nine hundred ninety-six, are to be applied prospectively and shall have no application to any action for annulment, divorce or separate maintenance that was commenced on or before June 7, 1996.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-217. Court of Competent Jurisdiction Defined

"Court of competent jurisdiction" means a circuit court or family court within this state or a court or administrative agency of another state having jurisdiction and due legal authority to deal with the subject matter of the establishment and enforcement of support obligations. Whenever in this chapter reference is made to an order of a court of competent jurisdiction, or similar wording, such language shall be interpreted so as to include orders of an administrative agency entered in a state where enforceable orders may by law be properly made and entered by such administrative agency.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-218. Custodial Parent Defined

"Custodial parent" or "custodial parent of a child" means a parent who has been granted custody of a child by a court of competent jurisdiction. "Noncustodial parent" means a parent of a child with respect to whom custody has been adjudicated with the result that such parent has not been granted custody of the child.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-220. Decision-Making Responsibility Defined

"Decision-making responsibility" refers to authority for making significant life decisions on behalf of a child, including, but not limited to, the childs education, spiritual guidance and health care: Provided, That with regard to healthcare, both parents in any shared parenting plan, regardless of the relative ratio of parenting time allocated between the parents, shall have the authority to make emergency or other non-elective healthcare decisions concerning their child necessary for the childs health or welfare during such parents parenting time.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-221. Divorce Defined

"Divorce" means the judicial termination of a marriage contract. The termination of a marriage contract must be based on misconduct or other statutory cause arising after the marriage. A divorce is established by the order of a family court or circuit court that changes the status of a husband and wife from a state of marriage to that of single persons.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-222. Domestic Relations Action Defined

§48-1-222. Domestic relations action defined.
"Domestic relations action" means an action:
(1) To obtain a divorce;
(2) To have a marriage annulled;
(3) To be granted separate maintenance;
(4) To establish paternity;
(5) To establish and enforce child or spousal support, including actions brought under the provisions of the uniform interstate family support act; and
(6) To allocate custodial responsibility and determine decision-making responsibility, or to otherwise determine child custody, as in an action petitioning for a writ of habeas corpus wherein the issue is child custody.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 1. General Provisions; Definitions › §48-1-223. Earnings Defined

"Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.