reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-316. Special Rules of Evidence and Procedure

(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this article, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. The Supreme Court of Appeals shall promulgate new rules or amend the rules of practice and procedure for family law to establish procedures pertaining to the exercise of cross examination in those instances involving the receipt of testimony by means other than direct or personal testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-317. Communications Between Tribunals

A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-319. Receipt and Disbursement of Payments

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, a tribunal of this state shall:
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-401. Petition to Establish Support Order

§48-16-401. PETITION TO ESTABLISH SUPPORT ORDER.
(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1) The individual seeking the order resides outside this state; or
(2) The support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father of the child through genetic testing;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child;
(6) An acknowledged father as provided by applicable state law;
(7) The mother of the child; or
(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 16-305 [§48-16-305].
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-501. Employer's Receipt of Income Withholding Order of Another State

§48-16-501. Employer's receipt of income withholding order of another state.
An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's source of income under section 1-240 {[§48-1-240] of this chapter without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-502. Employer's Compliance With Income Withholding Order of Another State

(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) of this section and section 16-503 [§48-16-503], the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(1) The duration and amount of periodic payments of current child support, stated as a sum certain;
(2) The person designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) The employer's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and forward the child support payment.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-503. Employer's Compliance With Two or More Income Withholding Orders

If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-506. Contest by Obligor

(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part VI [§48-16-601 et seq.], or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income withholding order relating to the obligor; and
(3) The person designated to receive payments in the income withholding order, or if no person is designated, to the obligee.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-507. Administrative Enforcement of Orders

(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-602. Procedure to Register Order for Enforcement

(a) Except as provided in section 706 [§48-16-706], a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the state information agency in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer and any other source of income of the obligor; and
(C) A description and the location of property of the obligor in this state not exempt from execution; and
(5) Except as otherwise provided in section 312 [§48-16-312], the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the clerk of the court shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-603. Effect of Registration for Enforcement

(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-604. Choice of Law

(a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs:
(1) The nature, extent, amount and duration of current payments under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-605. Notice of Registration of Order

(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the clerk of the court shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under section 707 [§48-16-707];
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must also:
(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the controlling order;
(3) State that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's source of income pursuant to section 14-401 et seq. [§48-14-401 et seq.], of this chapter.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-606. Procedure to Contest Validity or Enforcement of Registered Support Order

(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within the time required by section 605 [§48-16-605]. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 16-607 [§48-16-607].
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-607. Contest of Registration or Enforcement

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of this state to the remedy sought;
(6) Full or partial payment has been made;
(7) The statute of limitation under section 16-604 [§48-16-604] precludes enforcement of some or all of the alleged arrearages; or
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-609. Procedure to Register Child Support Order of Another State for Modification

A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state shall register that order in this state in the same manner provided in sections 16-601 through 16-608 [§§48-16-601 through §48-16-608] if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. The pleading must specify the grounds for modification.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-610. Effect of Registration for Modification

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of section 16-611 [§48-16-611] or 16-613 [§48-16-613] have been met.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-611. Modification of Child Support Order of Another State

(a) If section 613 [§48-16-613] does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(1) The following requirements are met:
(A) Neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state;
(B) A petitioner who is a nonresident of this state seeks modification; and
(C) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) This state is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls must be so recognized under section 16-207 [§48-16-207] establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) of this section and section 201 (b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) One party resides in another state; and
(2) The other party resides outside the United States.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-612. Recognition of Order Modified in Another State

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-613. Jurisdiction to Modify Child Support Order of Another State When Individual Parties Reside in This State

(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of parts I [§48-16-101 et seq.] and II [§48-16-201 et seq.], and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts III, IV, V, VII and VIII [§§48-16-301 et seq. through §§48-16-501 et seq. and §§48-16-701 et seq. and §§48-16-801 et seq.] do not apply.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-614. Notice to Issuing Tribunal of Modification

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-615. Jurisdiction to Modify Child Support Order of Foreign Country

(a) Except as otherwise provided in section 711 [§48-16-711], if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 611 [§48-16-611] has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-616. Procedure to Register Child Support Order of Foreign Country for Modification

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under sections 601 through 608 [§§48-16-601 through §48-16-608] if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-701. Definitions

§48-16-701. Definitions.
In this part:
(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in section 102(5)(D) [§48-16-102(5)(D]] to perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in section 102(5)(D) [§48-16-102(5)(D)].
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in section 102(5)(D) [§48-16-102(5)(D)], to perform the functions specified in the convention.
(6) "Foreign support agreement:"
(A) Means an agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
(I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II) Authenticated by, or concluded, registered or filed with a foreign tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(B) Includes a maintenance arrangement or authentic instrument under the convention.
(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-704. Initiation by Bureau for Child Support Enforcement Proceeding Under Convention

(a) In a support proceeding under this article, the Bureau for Child Support Enforcement of this state shall:
(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee or under the convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused under section 708(b)(2) [§48-16-708(b)(2)], (4) [§48-16-708(b)(4)], or (9) [§48-16-708(b)(9).
(5) Modification of a support order of a tribunal of this state; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the convention to an obligor against which there is an existing support order;
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-705. Direct Request

(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 706 through 713 [§§48-16-706 through §48-16-713] apply.
(c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Bureau for Child Support Enforcement.
(e) This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-706. Registration of Convention Support Order

(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in part VI.
(b) Notwithstanding sections 311 [§48-16-311] and 602(a) [§48-16-602(a)], a request for registration of a convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country;
(c) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 707 [§48-16-707] only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-707. Contest of Registered Convention Support Order

(a) Except as otherwise provided in this article, sections 605 through 608 [§§48-16-605 through §48-16-608] apply to a contest of a registered convention support order.
(b) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(c) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b) of this section, the order is enforceable.
(d) A contest of a registered convention support order may be based only on grounds set forth in section 708 [§48-16-708]. The contesting party bears the burden of proof.
(e) In a contest of a registered convention support order, a tribunal of this state:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) May not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-708. Recognition and Enforcement of Registered Convention Support Order

(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with section 201 [§48-16-201];
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted in accordance with section 706 [§48-16-706] lacks authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in this state;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) The order was made in violation of section 711 [§48-16-711].
(c) If a tribunal of this state does not recognize a convention support order under subsection (b)(2) [§48-16-708 (b)(2)], (4) [§48-16-708(b)(4)], or (9) [§48-16-708(b)(9);
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(2) The Bureau for Child Support Enforcement shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 704 [§48-16-704].
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-710. Foreign Support Agreement

(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this article in this state; or
(4) The record submitted under subsection (b) of this section lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-711. Modification of Convention Child Support Order

(a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, section 708(c) [§48-16-708(c)] applies.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-801. Grounds for Rendition

§48-16-801. Grounds for rendition.
(a) For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this article.
(b) The Governor of this state may:
(1) Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) On the demand of the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-802. Conditions of Rendition

(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceeding for support pursuant to this article or that the proceeding would be of no avail.
(b) If, under this article or a law substantially similar to this article, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 16. Uniform Interstate Family Support Act › §48-16-902. Transitional Provision

§48-16-902. Transitional provision.
This article applies to proceedings begun on or after the effective date of the amendments to this article enacted during the 2015 regular session of the West Virginia Legislature, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 17. West Virginia Support Enforcement Commission › §48-17-101. Creation of Support Enforcement Commission; Number of Members

The West Virginia Support Enforcement Commission, consisting of nine members, is hereby created in the Department of Health and Human Resources and may use the administrative support and services of that department. The commission is not subject to control, supervision or direction by the Department of Health and Human Resources, but is an independent, self-sustaining commission that shall have the powers and duties specified in this chapter.
The commission is a part-time commission whose members perform such duties as specified in this chapter. The ministerial duties of the commission shall be administered and carried out by the Commissioner of the Bureau for Child Support Enforcement, with the assistance of such staff of the Department of Health and Human Resources as the secretary may assign.
Each member of the commission shall devote the time necessary to carry out the duties and obligations of the office and the seven members appointed by the Governor may pursue and engage in another business, occupation or gainful employment that is not in conflict with the duties of the commission.
While the commission is self-sustaining and independent, it, its members, its employees and the commissioner are subject to article nine-a, chapter six of this code, chapter six-b of this code, chapter twenty-nine-a of this code and chapter twenty-nine-b of this code.
2023 West Virginia Code › Chapter 48. Domestic Relations › Article 17. West Virginia Support Enforcement Commission › §48-17-102. Appointment of Members of Support Enforcement Commission; Qualifications and Eligibility

(a) Of the nine members of the commission, seven members are to be appointed by the Governor: Provided, That no more than five members of the commission may belong to the same political party.
(1) One member is to be a lawyer licensed by, and in good standing with, the West Virginia State Bar, with at least five years of professional experience in domestic relations law and the establishment and enforcement of support obligations;
(2) One member is to be a person experienced as a public administrator in the supervision and regulation of a governmental agency;
(3) One member is to be an employer experienced in withholding support payments from the earnings of obligors;
(4) One member is to be a practicing family court judge, as an ex officio member, who will serve in an advisory capacity, without compensation or voting rights; and
(5) Three members are to be representatives of the public at large, with at least one being an obligor and one being an obligee.
(b) One member is to be the Commissioner of the Bureau for Children and Families, Department of Health and Human Resources or his or her designee.
(c) The Commissioner of the Bureau for Child Support Enforcement, or his or her designee, is an ex officio nonvoting member of the commission.
(d) Each member of the commission is to be a citizen of the United States, a resident of the State of West Virginia and at least twenty-one years of age.