reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 17. West Virginia Support Enforcement Commission › §48-17-103. Terms of Commission Members; Conditions of Membership

(a) Beginning June 1, 2008, and every four years thereafter, the Governor shall convene the commission to review the child support guidelines, in accordance with the Code of Federal Regulations, Part 45, Section 302.56(C)(3)(e).
(b) The Governor shall make appointments by June 1, 2008, and on June 1 every four years thereafter.
(c) The commissioner shall report the commission's findings and recommendations to the Legislative Oversight Commission on Health and Human Resources Accountability by July 1, 2009, and by July 1, every four years thereafter.
(d) The commissioners' terms shall expire on July 1, in the year in which they submit the required report to the Legislature as set forth in subsection (c) of this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 17. West Virginia Support Enforcement Commission › §48-17-106. Compensation of Members; Reimbursement for Expenses

(a) Each voting member of the commission shall receive $100 for each day or portion thereof spent in the discharge of his or her official duties.
(b) Each member of the commission shall be reimbursed for all actual and necessary expenses and disbursements involved in the execution of official duties.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 17. West Virginia Support Enforcement Commission › §48-17-107. Meeting Requirements

(a) The commission shall meet at least twice during the one-year term for the sole purpose of reviewing the child support guidelines set forth in article thirteen of this chapter. The commission may determine if it needs to convene more frequently to effectively study the guidelines, but shall not meet more than eight times during the one-year term.
(b) Four voting members of the commission are a quorum for the transaction of any business and for the performance of any duty.
(c) A majority vote of the voting members present is required for any final determination by the commission.
(d) The commission may elect to meet in executive session after an affirmative vote of a majority of its members present according to section four, article nine-a, chapter six of this code.
(e) The commission shall keep a complete and accurate record of all its meetings according to section five, article nine-a, chapter six of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 17. West Virginia Support Enforcement Commission › §48-17-109. General Duties of Support Enforcement Commission

(a) Federal law requires that each state periodically review the formula used to set child support obligations to determine appropriate awards for the support of children. States are required to consider current research and data on the costs of and expenditures necessary for rearing children. A process for review of the guidelines should be established to ensure the integrity of the formula and reviews undertaken to comply with federal law.
(b) The commission shall review and analyze:
(1) The current child support guidelines;
(2) Relevant research and data regarding the cost of child rearing;
(3) Research and data on the application of, and deviations from, the child support guidelines;
(4) Current law, administrative rules and practices regarding child support; and
(5) Any other data the commission deems relevant to the review of the current child support guidelines.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-101. Continuation of the Bureau for Child Support Enforcement

(a) There is continued in the Department of Health and Human Resources the Bureau for Child Support Enforcement:
Provided
, That beginning January 1, 2024, for purposes of this article, the bureau is continued in the Department of Human Services, and the terms "department" and "Department of Health and Human Resources" means Department of Human Services. The bureau is under the immediate supervision of the commissioner, who is responsible for the exercise of the duties and powers assigned to the bureau under the provisions of this chapter. The bureau is designated as the single and separate organizational unit within this state to administer the state plan for child and spousal support according to 42 U.S.C. 654(3).
(b) The department shall cooperate with the Bureau for Child Support Enforcement. At a minimum, such cooperation shall require that the department:
(1) Notify the Bureau for Child Support Enforcement when the department proposes to terminate or provide public assistance payable to any obligee;
(2) Receive support payments made on behalf of a former or current recipient to the extent permitted by Title IV-D, Part D of the Social Security Act; and
(3) Accept the assignment of the right, title or interest in support payments and forward a copy of the assignment to the Bureau for Child Support Enforcement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-102. Appointment of Commissioner; Duties; Compensation

(a) There is hereby created the position of commissioner. The commissioner shall:
(1) Be appointed by the secretary;
(2) Serve at the will and pleasure of the secretary;
(3) Serve on a full-time basis and shall not engage in any other profession or occupation, including the holding of a political office in the state either by election or appointment, while serving as commissioner;
(4) Be a lawyer licensed by, and in good standing with, the West Virginia State Bar; and
(5) Have responsible administrative experience, possess management skills and have knowledge of the law as it relates to domestic relations and the establishment and enforcement of support obligations.
Before entering upon the discharge of the duties as commissioner, the commissioner shall take and subscribe to the oath of office prescribed in section five, article IV of the Constitution of West Virginia.
(b) The duties of the commissioner shall include the following:
(1) To direct and administer the daily operations of the Bureau for Child Support Enforcement;
(2) To administer the Child Support Enforcement Fund created pursuant to section one hundred seven of this article;
(3) To chair the commission set forth in article seventeen of this chapter for the purpose of conducting the federally required review of the child support formula every four years and make a report to the Legislative Oversight Commission on Health and Human Resources Accountability of the commission's findings;
(4) To keep the records and papers of the commission, including a record of each proceeding; and
(5) To prepare, issue and submit reports of the commission.
(c) All payments to the commissioner as compensation shall be made from the Child Support Enforcement Fund. The commissioner is entitled to:
(1) A reasonable and competitive compensation package to be established by the secretary; and
(2) Reimbursement for expenses under the standard state travel regulations.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-103. Organization and Employees

(a) The Commissioner shall organize the work of the Bureau in such offices or other organizational units as he or she may determine to be necessary for effective and efficient operation.
(b) The Commissioner shall employ a sufficient number of employees in the position of Bureau for Child Support Enforcement attorney so as to provide for the effective and efficient operation of the Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement attorneys shall be distributed geographically as determined by the Commissioner.
(c) The Secretary may transfer employees and resources of the Department to the Bureau for Child Support Enforcement as may be necessary to fulfill the duties and responsibilities of the Bureau under this chapter: Provided, That the Secretary may not transfer employees of other divisions and agencies within the Department to the Bureau for Child Support Enforcement without a prior finding that the office or position held by the employee may be eliminated and until the office or position is, in fact, eliminated.
(d) The Commissioner, if he or she deems such action necessary, may hire legal counsel for the Division, notwithstanding the provisions of section two, article three, chapter five of this code or any other code provision to the contrary, or may request the Attorney General to appoint counsel who shall perform such duties as may be required by the Bureau. The Attorney General, in pursuance of such request, may select and appoint counsel to serve during the will and pleasure of the Attorney General, and shall be paid out of any funds allocated and appropriated to the Child Support Enforcement Fund.
(e) The Commissioner may employ such staff or employees as may be necessary to administer and enforce this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-104. Supervisory Responsibilities Within the Bureau for Child Support Enforcement

The commissioner shall have control and supervision of the Bureau for Child Support enforcement and shall be responsible for the work of each of its organizational units. Each organizational unit shall be headed by an employee of the bureau appointed by the commissioner who shall be responsible to the commissioner for the work of his or her organizational unit.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-106. Notice to Unemployed Obligor

Upon receipt of a report from an employer stating that a support obligor has been discharged or laid off or has resigned or voluntarily quit, the Bureau for Child Support enforcement shall send a notice to the obligor, informing the obligor of the availability of a modification of the support award and of the services that may be available to him or her from the bureau. The bureau shall also inform the obligor of his or her possible entitlement to a reduction in court-ordered support payments; that a failure to obtain a modification will result in the previously-ordered award remaining in effect; and that substantial arrearage might accumulate and remain as judgments against him or her.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-107. Creation of Child Support Enforcement Fund; Purpose; Funding; Disbursements

(a) There is hereby created in the State Treasury a separate special revenue account, which shall be an interest bearing account, to be known as the "child support enforcement fund." The special revenue account shall consist of all incentive payments paid by the federal government pursuant to 42 U.S.C. §658 as a percentage of the total amount of support collected directly or by contract by the Bureau for Child Support enforcement, all amounts appropriated by the Legislature to maintain and operate the Bureau for Child Support enforcement according to this chapter, and all interest or other earnings from moneys in the fund. Any agency or entity receiving federal matching funds for services of the Bureau for Child Support enforcement shall enter into an agreement with the secretary whereby all federal matching funds paid to and received by that agency or entity for the activities of the Bureau for Child Support enforcement shall be paid into the child support enforcement fund. Said agreement shall provide for advance payments into the fund by such agencies, from available federal funds, pursuant to Title IV-D of the Social Security Act and in accordance with federal regulations. No expenses incurred under this section shall be a charge against the General Funds of the state.
(b) Moneys in the special revenue account shall be appropriated to the department and used exclusively, in accordance with appropriations by the Legislature, to pay costs, fees and expenses incurred, or to be incurred for the following purpose: The provision of child support services authorized pursuant to Title IV, Part D of the Social Security Act and any further duty as set forth in this chapter, including, but not limited to, the duties assigned to the bureau by virtue of its being designated as the single and separate organizational unit within this state to administer the state plan for child and spousal support.
(c) Any balance remaining in the special revenue account at the end of any state fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be used solely in a manner consistent with this section: Provided, That for the three succeeding fiscal years after the effective date of this section, any appropriation made to the special revenue account from general revenue shall be repaid to the General Revenue Fund from moneys available in the special revenue account.
(d) Disbursements from the special revenue account shall be authorized by the commissioner.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-108. Fees

(a) When the Bureau for Child Support Enforcement provides child support collection services either to a public assistance recipient or to a party who does not receive public assistance, the Bureau for Child Support Enforcement shall, upon written notice to the obligor, charge a monthly collection fee equivalent to the full monthly cost of the services, in addition to the amount of child support which was ordered by the court. The fee shall be deposited in the Child Support Enforcement Fund. The service fee assessed may not exceed ten percent of the monthly court-ordered child support and may not be assessed against any obligor who is current in payment of the monthly court-ordered child support payments: Provided, That this fee may not be assessed when the obligor is also a recipient of public assistance.
(b) Except for those persons applying for services provided by the Bureau for Child Support Enforcement who are applying for or receiving public assistance from the Division of Human Services or persons for whom fees are waived pursuant to a legislative rule promulgated pursuant to this section, all applicants shall pay an application fee of $25.
(c) Fees imposed by state and federal tax agencies for collection of overdue support shall be imposed on the person for whom these services are provided. Upon written notice to the obligee, the Bureau for Child Support Enforcement shall assess a fee of $25 to any person not receiving public assistance for each successful federal tax interception. The fee shall be withheld prior to the assistance for each successful federal tax interception. The fee shall be withheld prior to the release of the funds received from each interception and deposited in the Child Support Enforcement Fund established pursuant to section 18-107.
(d) In any action brought by the Bureau for Child Support Enforcement, the court shall order that the obligor shall pay attorney fees for the services of the attorney representing the Bureau for Child Support Enforcement in an amount calculated at a rate similar to the rate paid to court-appointed attorneys paid pursuant to section thirteen-a, article twenty-one, chapter twenty-nine of this code and all court costs associated with the action: Provided, That no such award shall be made when the court finds that the award of attorney's fees would create a substantial financial hardship on the obligor or when the obligor is a recipient of public assistance. Further, the Bureau for Child Support Enforcement may not collect such fees until the obligor is current in the payment of child support. No court may order the Bureau for Child Support Enforcement to pay attorney's fees to any party in any action brought pursuant to this chapter.
(e) This section shall not apply to the extent it is inconsistent with the requirements of federal law for receiving funds for the program under Title IV-A and Title IV-D of the Social Security Act, United States Code, article three, Title 42, Sections 601 to 613 and United States Code, Title 42, Sections 651 to 662.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-110. Attorneys Representing State

(a) Attorneys employed by the Bureau for Child Support enforcement may represent this state or another state in an action brought under the authority of federal law of this chapter.
(b) An attorney employed by the Bureau for Child Support enforcement or employed by a person or agency or entity pursuant to a contract with the Bureau for Child Support enforcement represents the interest of the state or the bureau and not the interest of any other party. The Bureau for Child Support enforcement shall, at the time an application for child support services is made, inform the applicant that any attorney who provides services for the Bureau for Child Support enforcement is the attorney for the State of West Virginia and that the attorney providing those services does not provide legal representation to the applicant.
(c) An attorney employed by the Bureau for Child Support enforcement or pursuant to a contract with the Bureau for Child Support enforcement may not be appointed or act as a guardian ad litem or attorney ad litem for a child or another party.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-112. Cooperation With Other States in the Enforcement of Child Support

(a) The Bureau for Child Support Enforcement shall cooperate with any other state in the following:
(1) In establishing paternity;
(2) In locating an obligor residing temporarily or permanently in this state, against whom any action is being taken for the establishment of paternity or the enforcement of child and spousal support;
(3) In securing compliance by an obligor residing temporarily or permanently in this state, with an order issued by a court of competent jurisdiction against such obligor for the support and maintenance of a child or children or the parent of such child or children; and
(4) In carrying out other functions necessary to a program of child and spousal support enforcement.
(b) The Commissioner shall, establish procedures necessary to extend the Bureau for Child Support Enforcements' system of withholding under article fourteen of this chapter, so that such system may include withholding from income derived within this state in cases where the applicable support orders were issued in other states, in order to assure that child support owed by obligors in this state or any other state will be collected without regard to the residence of the child for whom the support is payable or the residence of such child's custodial parent.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-113. Disbursements of Amounts Collected as Support

(a) Amounts collected as child or spousal support by the Bureau for Child Support Enforcement shall be distributed within two business days after receipt from the employer or other source of periodic income. The amounts collected as child support shall be distributed by the Bureau for Child Support Enforcement in accordance with the provisions for distribution set forth in 42 U.S.C. §657. The Commissioner shall promulgate a legislative rule to establish the appropriate distribution as may be required by the federal law.
(b) Any payment required to be made under the provisions of this section to a family shall be made to the resident parent, legal guardian or caretaker relative having custody of or responsibility for the child or children.
(c) The Commissioner shall maintain methods of administration which are designed to assure that employees of the Bureau for Child Support Enforcement or any persons employed pursuant to a contract who are responsible for handling cash receipts do not participate in accounting or operating functions which would permit them to conceal in the accounting records the misuse of cash receipts: Provided, That the Commissioner may provide for exceptions to this requirement in the case of sparsely populated areas in this state where the hiring of unreasonable additional staff in the local office would otherwise be necessary.
(d) No penalty or fee may be collected by or distributed to a recipient of Bureau for Child Support Enforcement services from the state Treasury or from the Child Support Enforcement Fund when child support is not distributed to the recipient in accordance with the time frames established herein.
(e) For purposes of this section, "business day" means a day on which state offices are open for regular business.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-115. Payment of Support to the Bureau for Child Support Enforcement

All support payments owed to an obligee who is an applicant for or recipient of the services of the Bureau for Child Support enforcement shall be paid to the Bureau for Child Support enforcement. Any other obligee owed a duty of support under the terms of a support order entered by a court of competent jurisdiction may request that the support payments be made to the Bureau for Child Support enforcement. In such case, the Bureau for Child Support enforcement shall proceed to receive and disburse such support payments to or on behalf of the obligee as provided by law.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-116. Authorization for Data Processing and Retrieval System

In accordance with an initial and annually updated advance data processing planning document approved by the secretary of the federal department of health and human services, the Bureau for Child Support enforcement may establish an automatic data processing and retrieval system designed effectively and efficiently to assist the commissioner in carrying out the provisions of this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-117. Obtaining Support From Federal Tax Refunds

The Commissioner shall, by legislative rule promulgated pursuant to chapter twenty-nine-a of this code, place in effect procedures necessary for the Bureau for Child Support Enforcement to obtain payment of past due support from federal tax refunds from overpayments made to the Secretary of the Treasury of the United States. The Bureau for Child Support Enforcement shall take all steps necessary to implement and utilize such procedures.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-118a. Obtaining Refunds of Overpaid Support From State Income Tax Refunds

(a) Definitions.
(1) "Obligee" means the same as that term is defined in section two hundred thirty-four, article one of this chapter.
(2) "Obligor" means the same as that term is defined in section two hundred thirty-five, article one of this chapter.
(3) "Overpaid support" means the same as that term is defined in section two hundred thirty-five, article one of this chapter.
(b) The Tax Commissioner shall cooperate with the Commissioner of the Bureau for Child Support Enforcement in establishing and implementing procedures for the collection of overpaid child support from state income tax refunds that are payable to obligees. The Tax Commissioner shall collect the refunds and send the amounts to the Bureau for Child Support Enforcement for distribution to obligors who made the overpayment.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-119. Obtaining Support From Unemployment Compensation Benefits

(a) The Commissioner shall enter into a written agreement with the Bureau of Employment Programs for the purpose of withholding unemployment compensation from individuals with unmet support obligations being enforced by the Bureau for Child Support Enforcement. The Commissioner shall, through direct contact with the Bureau of Employment Programs, process cases through the Bureau of Employment Programs in this state, and shall process cases through support enforcement agencies in other states. The Commissioner shall receive all amounts withheld by the Bureau of Employment Programs in this state, forwarding any amounts withheld on behalf of support enforcement agencies in other states to those agencies.
(b) For the purposes of this section:
(1) "Legal process" means a writ, order, summons or other similar process in the nature of garnishment which is issued by a court of competent jurisdiction or by an authorized official pursuant to an order to such court or pursuant to state or local law.
(2) "Unemployment compensation" means any compensation under state unemployment compensation law (including amounts payable in accordance with agreements under any federal unemployment compensation law). It includes extended benefits, unemployment compensation for federal employees, unemployment compensation for ex-servicemen, trade readjustment allowances, disaster unemployment assistance, and payments under the Federal Redwood National Park Expansion Act.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-121. Providing Information to Consumer Reporting Agencies; Requesting Consumer Credit Reports for Child Support Purposes

(a) For purposes of this section, the term "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(b) The Commissioner shall establish procedures whereby information regarding the amount of overdue support owed by an obligor will be reported periodically by the Bureau for Child Support Enforcement to any consumer reporting agency, after a request by the consumer reporting agency that it be provided with the periodic reports.
(1) The procedures shall provide that any information with respect to an obligor shall be made available only after notice has been sent to the obligor of the proposed action, and such obligor has been given a reasonable opportunity to contest the accuracy of the information.
(2) The procedures shall afford the obligor with procedural due process prior to making information available with respect to the obligor.
(c) The information made available to a consumer reporting agency regarding overdue support may only be made available to an entity that has furnished evidence satisfactory to the Bureau that the entity is a consumer reporting agency as defined in subsection (a) of this section.
(d) The Bureau for Child Support Enforcement may impose a fee for furnishing such information, not to exceed the actual cost thereof.
(e) The Commissioner of the Bureau for Child Support Enforcement, or her or his designee, may request a consumer reporting agency to prepare and furnish to the Bureau for Child Support Enforcement a consumer report for purposes relating to child support, by certifying to the consumer reporting agency that:
(1) The consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of payments in order to set an initial or modified child support award;
(2) The paternity of the child of the individual has been established or acknowledged by the individual in accordance with state law;
(3) The individual whose report is being requested has been given at least ten days' prior notice of the request by certified mail to his or her last known address that such report is being requested; and
(4) The consumer report will be kept confidential, will be used solely for a purpose described in subdivision (1) of this subsection and will not be used in connection with any other civil, administrative or criminal proceeding or for any other purpose.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-122. Central State Case Registry

(a) The Bureau for Child Support enforcement shall establish and maintain a central state case registry of child support orders. All orders in cases when any party receives any service provided by the Bureau for Child Support enforcement shall be included in the registry. Any other support order entered or modified in this state on or after October 1, 1998, shall be included in the registry. The Bureau for Child Support enforcement, upon receipt of any information regarding a new hire provided pursuant to section 18-125 of this article shall compare information received to determine if the new hire's income is subject to wage withholding and notify the employer pursuant to that section.
(b) Each party to a child support proceeding shall, upon entry of an order awarding or modifying child support, complete and file with the clerk of the circuit court issuing the order a form, to be promulgated by the administrative office of the Supreme Court of Appeals, listing information concerning the location and identity of a party including, but not limited to: The party's social security number, residential and mailing address, telephone number and driver's license number; the child's name, birth date and social security number; and the party's employer's name, address and telephone number. The clerk shall promptly forward all such information to the state case registry. The parties are required to notify the state case registry of any change in the information contained on the form, and every order for support shall so state. All information provided to the state case registry shall be subject to the privacy and confidentiality safeguards contained in section 18-131.
(c) In any subsequent child support enforcement action between the parties, there shall be a presumption that the requirements for notice and service of process have been met upon a showing that the Bureau for Child Support enforcement has made a diligent effort to ascertain the location of a party by delivery of written notice by certified mail, return receipt requested, to the most recent employer or residential mailing address filed with the state case registry pursuant to subsection (b) of this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-123. Subpoenas

In order to obtain financial and medical insurance or other information pursuant to the establishment, enforcement and modification provisions set forth in this chapter, the Bureau for Child Support enforcement or any out-of-state agency administering a program under Title IV-D of the Social Security Act may serve, by certified mail or personal service, an administrative subpoena on any person, corporation, partnership, financial institution, labor organization or state agency for an appearance or for production of financial or medical insurance or other information. In case of disobedience to the subpoena, the Bureau for Child Support enforcement may invoke the aid of any family court in requiring the appearance or production of records and financial documents. The Bureau for Child Support enforcement may assess a civil penalty of no more than $100 for the failure of any person, corporation, financial institution, labor organization or state agency to comply with requirements of this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-128. Billing for Fees and Costs

(a) When any filing, copying or other service is provided to the Bureau for Child Support enforcement, the state or county official or the clerk of any court providing such fee for a charge, shall bill the Bureau for Child Support enforcement monthly.
(b) When any filing, copying or other service is provided to a person, agency or entity who is providing services for the Bureau for Child Support enforcement pursuant to a contract, the state or county official or the clerk of any court providing such fee for a charge, shall bill the entity, agency, person or Bureau for Child Support enforcement monthly, in accord with the terms of the contract. The Bureau for Child Support enforcement shall provide the relevant terms of such agreement to those officials upon implementation of any agreement.
(c) A state or county official and the clerk of any court who charges a deposit, library fee, filing fee for filing and copying documents or their service, if the filing, copying or services is for the Bureau for Child Support enforcement or for a person, entity or agency providing services pursuant to a contract as described in this article, shall bill the Bureau for Child Support enforcement monthly or the person, entity or agency providing such services monthly, in accord with the terms of any contract.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-129. Acceptance of Federal Purposes; Compliance With Federal Requirements and Standards

(a) The state assents to the purposes of the federal laws regarding child support and establishment of paternity and agrees to accept federal appropriations and other forms of assistance made under or pursuant thereto, and authorizes the receipt of such appropriations into the State Treasury and the receipt of other forms of assistance by the Bureau for Child Support enforcement for expenditure, disbursement and distribution by the bureau in accordance with the provisions of this chapter and the conditions imposed by applicable federal laws, rules and regulations.
(b) Insofar as such actions are consistent with the laws of this state granting authority to the bureau and the commissioner, the bureau shall comply with such requirements and standards as the secretary of the federal department of health and human services may have determined, as of the effective date of this section, to be necessary for the establishment of an effective program for locating obligors, establishing paternity, obtaining support orders and collecting support payments.
(c) The commissioner shall propose for promulgation a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code, to establish time-keeping requirements to assure the maximum funding of incentive payments, grants and other funding sources available to the state for the processing of cases filed for the location of absent parents, the establishment of paternity, and the establishment, modification or enforcement of orders of child support.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-130. Publicizing Child Support Enforcement Services

The Bureau for Child Support enforcement shall regularly and frequently publicize, through public service announcements, the availability of child support enforcement services under the provisions of this chapter and otherwise, including information as to any application fees for such services and a toll-free telephone number and a postal address at which further information may be obtained.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-133. Recording of Social Security Numbers in Certain Family Matters

(a) The social security number, if any, of any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license must be recorded on the application for such license.
(b) The social security number of any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment must be placed in the records relating to the matter.
(c) For the purposes of subsection (a) of this section, if the licensing authority allows the use of a number other than the social security number on the face of the document while the social security number is kept on file at the agency, the applicant shall be so advised by such authority.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-201. General Provisions Related to Requests for Assistance, Recalculation of Support Amounts, Preparation of Petition and Proposed Orders

(a) An obligor or an obligee under a child support order may seek and obtain the assistance of the Bureau for Child Support Enforcement to perform a recalculation of the support amount and prepare and present a petition seeking modification of a child support order and the presentation of a proposed order modifying support to the family court.
(b) A request for services authorized by this section shall constitute an application for services from the Bureau for Child Support Enforcement.
(c) The duties and actions directed or authorized when a request is made pursuant to this section shall be exercised by the employees and agents of the Bureau for Child Support Enforcement under the supervision and direction of Bureau for Child Support Enforcement attorneys as part of, and in addition to, their duties as set out in section one hundred three, article nineteen of this chapter.
(d) In performing its duties under this section, the Bureau for Child Support Enforcement is authorized to issue subpoenas and subpoenas duces tecum, pursuant to the provisions of section one hundred twenty-three of this article, to require an obligor or obligee to produce and permit inspection and copying of designated books, papers, documents or tangible things pursuant to Rule 45 of the Rules of Civil Procedure or section one hundred twenty-three of this article.
(e) When the Bureau for Child Support Enforcement is authorized or required by this section to notify or give notice to a party, the notice shall be given in the same manner as required for service of a petition for modification of support filed with the family court.
(f) The procedures and forms used shall provide that one party may request that their residential address and the address and identity of the employer not be revealed to another party.
(g) The Bureau for Child Support Enforcement may refuse to accept a request or take action on a request for assistance if it determines there are existing ongoing proceedings which would create a conflict, or if it determines that the request was not in good faith based on the allegations made, a history of multiple such requests or other information. If the Bureau for Child Support Enforcement makes a determination to refuse the request for assistance, it shall notify the party making the request for assistance and if the responding party has already been notified of the request, the responding party.
(h) The Bureau for Child Support Enforcement shall prepare an explanation of the process and procedures it will use to process the request for assistance under this section. The explanation shall be made available generally to the public, given to every person who makes a request and included with the notice to the responding party.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-202. Request for Assistance by Party

(a) To make a request for assistance under this article, a party shall submit the request in writing to the Bureau for Child Support Enforcement on a form provided by the bureau. The written request form shall include all of the requesting party's information known to the party that is relevant to determine the child support amount. The request shall be accompanied by:
(1) A copy of the order being modified or, in the discretion of the bureau, information sufficient to permit the bureau to retrieve or identify the order;
(2) A form containing a statement of all of the requesting party's information known to the party that is relevant to determining the amount of child support, including a general statement or argument advancing the reason the request is being made;
(3) Copies of documentation reasonably available to the requesting party setting forth all of the requesting party's information that is relevant to determine the amount of child support;
(4) A statement setting forth the relevant information pertaining to the responding party's earnings and child support that is known or believed to be true by the requesting party;
(5) Copies of any relevant documentation which the requesting party may have in its possession which would be relevant to determining the responding party's child support obligations; and
(6) A statement of all other known proceedings, pending court proceedings or other pending requests for assistance involving the parties or related to the child or children whose support is being reevaluated.
(b) Upon receipt of notification that an obligor is incarcerated in a regional jail or a state or federal correctional facility, the Bureau for Child Support Enforcement shall determine whether the expected incarceration will exceed six months. If the incarceration will exceed six months, the bureau shall file a petition to modify child support.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-204. Request for Meeting With the Bureau

(a) Either party may ask for an in-person meeting with the Bureau, prior to the preparation or presentation of any petition to seek a modification of a child support order or any proposed modification order to the family court. As a part of the initial contact and notice to the parties after its receipt of an assistance request under this article, the Bureau for Child Support Enforcement shall inform the parties of their right to meet with the Bureau for Child Support Enforcement to discuss the circumstances and any relevant factors pertaining to the parties' child support obligations. If either party asks for a meeting, the responding party shall be notified that a meeting has been requested. The parties shall not meet with the Bureau at the same time except as allowed in the discretion of the Bureau. No party may be required to meet with the Bureau.
(b) A party may modify an information statement or provide additional documents at the meeting or at any time before the Bureau sends its proposed order to the family court.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 18. Bureau for Child Support Enforcement › §48-18-206. Family Court Action on Petition and Proposed Order Prepared by Bureau for Child Support Enforcement

(a) Upon receipt of petition for modification and proposed order prepared by the Bureau for Child Support Enforcement in accordance with the provisions of this article, the circuit clerk shall serve a copy of the petition and the proposed order upon all parties to the proceeding by personal service or by United States certified mail, return receipt requested, and direct the parties to file any objections to the proposed modified child support order within twenty days of the date of receiving such notice.
(b) Within five days of the filing of a petition for modification and proposed order, the circuit clerk shall notify the family court.
(c) If no party files timely objection to the proposed order or timely requests a hearing on the petition after receiving such notice, then the family court shall proceed to review the petition and proposed order sua sponte, and shall issue the proposed order. If the family court receives no objection, but the family court concludes that the proposed order should not be entered or should be changed, it shall set the matter for hearing.
(d) If the family court receives an objection to the petition or proposed order, the family court shall set a date and time for hearing.
(e) At any hearing on the proposed order, the family court shall treat the proposed order as a motion for modification made by the party requesting the bureau to initiate the modification. The actions of the family court at a hearing shall be de novo and shall not be an appeal from the bureau's recommended order. The family court shall notify the parties of the hearing and of the parties' rights and the procedures to be followed.
(f) The fees to be assessed for filing and service of the petition and the disbursement of the fee for petitions filed pursuant to this section shall be the same as the fee charged by the clerk for petitioning for an expedited modification of a child support order, as set forth in section eleven, article one, chapter fifty-nine of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 19. Bureau for Child Support Enforcement Attorney › §48-19-101. Purposes; How Article to Be Construed

(a) The purposes of this article are:
(1) To enumerate and describe the functions and duties of the Bureau for Child Support enforcement attorney as an employee of the Bureau for Child Support enforcement;
(2) To ensure that procedures followed by the Bureau for Child Support enforcement attorney will protect the best interests of children in domestic relations matters; and
(3) To compel the enforcement of support orders, thereby ensuring that persons legally responsible for the care and support of children assume their legal obligations and reduce the financial cost to this state of providing public assistance funds for the care of children.
(b) This article shall be construed to facilitate the resolution of domestic relations matters.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 19. Bureau for Child Support Enforcement Attorney › §48-19-102. Appointment of Bureau for Child Support Enforcement Attorneys

(a) Each Bureau for Child Support Enforcement attorney shall be appointed by the Commissioner of the Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement attorneys shall be duly qualified attorneys licensed to practice in the courts of this state. Bureau for Child Support Enforcement attorneys shall be exempted from the appointments in the indigent cases which would otherwise be required pursuant to article twenty-one, chapter twenty-nine of this code.
(b) Nothing contained herein shall prohibit the Commissioner from temporarily assigning, from time to time as caseload may dictate, a Bureau for Child Support Enforcement attorney from one geographical area to another geographical area.
(c) The Bureau for Child Support Enforcement attorney is an employee of the Bureau for Child Support Enforcement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 19. Bureau for Child Support Enforcement Attorney › §48-19-104. Vacancies; Interim Bureau for Child Support Enforcement Attorney

(a) If the position of Bureau for Child Support enforcement attorney becomes vacant for any reason, the commissioner shall appoint a person to the position of Bureau for Child Support enforcement attorney not later than six months after the vacancy occurs.
(b) If necessary, the commissioner may appoint an interim Bureau for Child Support enforcement attorney to serve for not longer than six months until a Bureau for Child Support enforcement attorney is appointed pursuant to this section.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 19. Bureau for Child Support Enforcement Attorney › §48-19-105. Compensation; Expenses

The salary of a Bureau for Child Support enforcement attorney shall be not less than $45,000 per year, and shall be fixed by the commissioner, who shall take into consideration ability, performance of duty and experience. The compensation and expenses of the employees of the office and all operating expenses incurred by the office shall be fixed by the commissioner and paid by the Bureau for Child Support enforcement.