West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Arrearage. - The total of any matured, unpaid installment of support required to be paid by an order entered or modified by a court of competent jurisdiction. Said amount shall stand, by operation of law, as a decretal judgment against the obligor owing such support. The term "arrearage" also includes any interest authorized by law which has accrued on unpaid support.
2.2. Bureau. - The Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement is established by W.Va. Code §
									48-18-101 and is designated as the single state agency to fulfill the obligations of the State of West Virginia under Title IV-D of the Social Security Act. Pursuant to W. Va. Code §4 8-18-122, the bureau operates the central state case registry.
2.3. Department. B The Department of Health and Human Resources. The Department of Health and Human Resources is established pursuant to W. Va. Code §
									5F-1-2 and contains within it the Bureau for Child Support Enforcement.
2.4. Fair Hearing. - An administrative hearing convened by a member of the department's board of review. The procedures to be followed in a departmental Fair Hearing are found in Chapter 730 of the Common Chapters Manual of the Department of Health and Human Resources.
2.5. Full service case. - A case that has been opened by the Bureau for Child Support Enforcement where the applicant for services has indicated that he or she wishes to receive all services that are provided by the bureau that are applicable to his or her case; a case where the applicant receives certain public benefits requiring him or her to receive all services that are provided by the bureau that are applicable to his or her case; or a case where no designation of the level of services has been made by the applicant for services.
2.6. Income withholding. - Pursuant to W. Va. Code §
									48-14-105 and § 48-14-401, a method by which the bureau withholds monies from an obligor's income to be remitted to the bureau for the payment of the obligor's support obligations. An income withholding may be used to collect both current support and arrearages, if any are owed.
2.7. Injured spouse. - The spouse who does not owe the underlying support obligation that is being paid through the interception of a joint tax refund.
2.8. Medical support. B A specific type of support that obligates the parent or parents of a minor child to provide financial support for the provision of medical care for their minor child, or obligates a spouse or former spouse to provide financial support for the provision of medical care for a spouse or former spouse. The financial support may be in the form of a sum certain to be paid to the custodian of the child, spouse, or former spouse, an order to be financially responsible for specific medical expenses, an order to enroll a child, spouse or former spouse in an insurance plan, an order for premium payments, deductibles, or other methods of assigning responsibility that are within the discretion of the court.
2.9. Obligee. - An individual or the estate of a decedent to whom a duty of support is owed or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; or a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or an individual seeking a judgment determining parentage of the individual's child.
2.10. Obligor. - An individual or the estate of a decedent who owes or is alleged to owe a duty of support, or who is alleged, but has not been adjudicated to be a parent of a child, or who is liable under an order of support.
2.11. Order of support. B A judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, or the support and maintenance of a spouse or former spouse, which provides for monetary support, health care, arrearage or reimbursements.
2.12. Support. - The payment of money, including interest, for a child or spouse, ordered by a court of competent jurisdiction or an administrative agency authorized to establish support obligations, whether the payment is ordered in an emergency, temporary, permanent or modified order. Support may include a payment to third parties on behalf of a child or spouse, including, but not limited to, interest, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile or payments for day care; or the payment of money, including interest, to a mother for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
2.13. Uniform Interstate Family Support Act. - Pursuant to W. Va. Code §
									48-16-101 et seq., a procedure established to assist support obligees and obligors who reside in different states or territories to establish and enforce support obligations.