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West Virginia State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Of the 55 West Virginia Counties, 35 are served by full time offices. The others are served part time from a larger office.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
WV Code 48-18-110, 48-19-101 to -105, 48-24-105
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
NA

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
WV Code 48-16-101 to -903
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Three.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
No agreements.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 years.
D2. What is the statutory citation for the age of majority?
WV Code 2-3-1
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Occurs automatically upon marriage. (WV Code 49-7-27)
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Courts must order support for 18 and 19 year olds as long as the child remains in caretaker's household while enrolled in secondary school and is making substantial progress toward a diploma. In some situations, child support may be extended if the child is handicapped. (WV Code 48-11-103)
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
An adult child may apply between the ages of 18-21.
D8.1 If not, how does this affect interstate referrals?
N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
10 years. (WV code 38-3-18) For cases originating after June 7, 2008, 10 years from the date the last child covered under the order emancipates.
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E2. What is your State's statute of limitations for paternity establishment?
Child's 18th birthday. Child may bring an action in his/her own right after the child's 18th birthday, but prior to the 21st birthday. (WV code 48-24-102)
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Dormancy revival is not possible. However, issuance of a writ of execution before the statute of limitations runs out will renew a judgment for another 10 years. There is no limit upon the number of renewals.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
5% per annum simple interest beginning 7/1/08; 10% per annum simple interest from 7/1/95 to 6/30/08. Other rates applied prior to July 1995. (WV Code 48-1-302)
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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1 1) No pre-judgment interest is charged. 2) Once the retroactive support becomes a judgment, interest is charged from the date of the order forward.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If the obligor's amount is reduced to a judgment.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
N/A
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
WV Code 48-16-201
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
WV will only enforce an existing order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
N/A
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Currently, the State pays the fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
Yes.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
7/1/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
1. All assignments executed prior to 10/1/97; 2. Assignments of pre-assistance arrears executed from 10/1/97 to 6/30/2009.
F15.2. When will your state discontinue each type of assignment?
7/1/2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
DRA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
1) The TANF applicant/recipient (new caretaker) (or BCSE worker) signs an affidavit stating that the child is now living with her/him and is receiving TANF benefits; 2) A letter along with a copy of the affidavit are mailed to the NCP, the court-ordered payee, the new caretaker, and the Circuit Clerk that issued the order giving them 10 days to object to the redirection of support; 3) If no objection is received, a notice of the redirection is mailed to the parties and to the Circuit Clerk that issued the original order informing them that payments will be redirected to the new caretaker. Any support received for that child after the notice of redirection is mailed is retained by the State to reimburse the TANF benefits.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
1) The adult custodian of a child receiving Medicaid only (the new caretaker) signs an affidavit stating that the child is now living with her/him; 2) A letter along with a copy of the affidavit are mailed to the NCP, the court-ordered payee, the new caretaker, and the Circuit Clerk giving them 10 days to object to the redirection of support; 3) If no objection is received, a notice of the redirection is mailed to the parties and to the Circuit Clerk that issued the original order informing them that payments will be redirected to the new caretaker. Any support received for that child after the notice of redirection is mailed is forwarded to the new caretaker.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
1) The new caretaker must first apply for BCSE services; 2) The new caretaker signs an affidavit stating that the child is now living with her/him and provides documentation that she/he is now responsible for the child; 3) A letter along with a copy of the affidavit are mailed to the NCP, the court-ordered payee, the new caretaker, and the Circuit Clerk giving them 10 days to object to the redirection of support; 4) If no objection is received, a notice of the redirection is mailed to the parties and to the Circuit Clerk that issued the original order informing them that payments will be redirected to the new caretaker. Any support received for that child after the notice of redirection is mailed is forwarded to the new caretaker.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State pays the fee out of its own funds.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?
TANF benefits, SSI, VA Disability
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
WV Code 48-14-408 reduces the CCPA limits by 10% each, i.e., to 40% - 55%. Also, in a case with current support, the arrearage collection cannot be more than 25% of the current support amount. The 25% limit can be increased by $100 per month if the NCP owes an arrearage at least equal to 6 months support. The 25% limit can be increased by $200 per month if the NCP's income is $65,000 or more and the arrearage is at least equal to 12 months support. In addition, the source of income may withhold up to 50% of any bonus. (WV Code 48-14-408; WV Code 48-14-801)
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
The employer is entitled to deduct a fee of $1 for each withholding. (WV Code 48-14-406(c))
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than the 1st pay period or first date for payment of income that occurs after 14 days following the date the notice to the source of income was mailed. (WV Code 48-14-407 and WV Code 48-14-409)
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Same day as employee is paid. (WV Code 48-14-407)
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Provides misdemeanor with fine up to $100 or civil suit for damages. (WV Code 48-14-407(6) and (8); 48-14-13; 48-14-414; 48-14-415)
G7. What is the penalty to an employer for failure to remit payments withheld?
Same as G-7. Also, criminal prosecution for theft.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
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G8.2. What documents are required to intercept UI benefits?
A completed Transmittal-1, a copy of all orders, and an updated accounting.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
The Obligor may contest the income withholding, in writing, to the BCSE and an administrative review will be scheduled. If the issues cannot be resolved at the administrative review, the obligor may petition the court for a resolution. (WV Code 48-14-405)
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
The employer should withhold the amount requested in each of the withholdings, if possible. However, if the obligor's income is not enough to pay the full amount, the employer should withhold up to WV's limit. Money is remitted under the obligor's SSN and the State's system allocates. Current support is paid proportionately between all the obligor's cases. Current support is paid first on all cases before any money is distributed to arrearages. Arrearages paid are divided evenly between all of the NCP's cases owed an arrearage. (WV Code 48-14-408). The employer may call the WV Employer Relations Unit hotline at 800-835-4683 for clarification.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
WV Code 48-14-408
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Disposable income means that part remaining after the deduction of any amounts required by law to be withheld. (WV Code 48-1-223)
G13. When does your state require the employer to send notice of an employee's termination?
The source of income is required to notify the BCSE promptly when the obligor terminates employment or otherwise ceases receiving income from the source of income. (WV Code 48-14-412)
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
WV law does not provide a time limit.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes. Payments can be paid by credit card or electronic check using a website or by telephone.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes - to employers, financial institutions, and Workers' Compensation.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
The current month's cash child support shall receive priority and be deducted in full prior to any deduction for payment of either current medical support or health insurance premium.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Current support is paid first and divided proportionally among current support orders. Payment on arrears are divided evenly among the cases.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Rule
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
Not in most circumstances. The Family Court Judge may address custody and visitation; however, the BCSE does not litigate nor participate in custody and visitation issues.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
98% (WV Code 48-24-103)
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
WVC 48-24-106, WVC 16-5-10 are the statutes concerning paternity acknowledgments. Paternity affidavits are conclusive after the rescission period expires. The affidavit may be rescinded within the earlier of 60 days from the date of execution or the date of an administrative or judicial proceeding relating to the child in which the signatory is a party. After the rescission period ends, the affidavit can only be challenged on the grounds of fraud, duress, or material mistake of fact, upon a finding of clear and convincing evidence by a court of competent jurisdiction.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
06/01/1989
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
No formal acknowledgment process existed before that date.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
WV Code 16-5-10(f) If the mother was married at the time of either conception or birth of the child, the name of the husband is entered on the certificate as the father of the child, unless: (1) Paternity has been determined otherwise by a court; or (2) Genetic testing shows there is more than a 98% probability that the alleged father is the biological father of the child; or (3) The mother, her husband, and an alleged father acknowledge that the husband is not the biological father and that the alleged father is the biological father: Provided, That the following conditions are met: (A) The mother executes an affidavit attesting that her husband is not the father and that another man is the biological father; and (B) The man named as the alleged biological father executes an affidavit attesting that he is the biological father; and (C) The husband executes an affidavit attesting that he is not the biological father; and (D) each signature must be individually notarized. (4) If the affidavits are executed or genetic tests verify that the alleged father is the biological father, then he is shown as the father on the birth certificate. (5) Paternity may be established this way only when the husband's name is not on the child's registered and filed birth certificate and the affidavits or genetic tests are completed and submitted to DVS within one year of the child's birth. (WV Code 16-5-10(f))
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.
N/A
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?

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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
According to the WV Division of Vital Statistics, fees may be waived on a case-by-case basis only.
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
NA
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
WV Code 48-16-201.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

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H14. Does your state recover genetic testing costs for another state?
No
H14.1. If yes, please explain.
NA
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
If the parties are not married, WV requires a WV Affidavit of Paternity or a court order.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents for all of the children with the same alleged father.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
Establishment of child support, paternity, enforcement and modification.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The custodial parent's income. Also need information on the child's portion of SSD if based on the NCP's income.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
(1) Special needs of the child or support obligor, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled; (2) Educational expenses for the child or parent (i.e., those incurred for private, parochial or trade schools, other secondary schools, or post secondary education where there is tuition or costs beyond state and local tax contributions); (3) Families with more than 6 children; (4) Long distance visitation costs; (5) The child resides with a third party; (6) The needs of another child or children to whom the obligor owes a duty of support; (7) The extent to which the obligor's income depends on nonrecurring or nonguaranteed income; or (8) Whether the total of alimony, child support and child care costs subtracted from the obligor's income reduces that income to less than the federal poverty level and conversely, whether deviation from child support guidelines will reduce the income of the child's household to less than the federal poverty level. (WVC 48-13-702)
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
In paternity cases, the court can go back 3 years unless it can be proven that (1) the alleged father had actual knowledge that he was the father of the child; (2) the alleged father deliberately concealed his whereabouts to evade process; (3) the alleged father deliberately misrepresented relevant information. If any one of these is present, the court can go back to the birth of the child. (WV Code 48-24-104) In non-paternity cases, support can be retroactive to the birth of the child or separation of the parents.
I4.2. What information or documentation does your State require to proceed?
Income documentation and voluntary payment history for periods for which reimbursement is sought.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
See answer to I4.1
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
This State does not have an administrative process for establishment or modification of support. However, paternity can be established by both the man and woman signing an acknowledgement of paternity, and various administrative enforcement remedies are available, such as income withholding, state and Federal tax offset, etc.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
WV Code 16-5-10, 48-24-106, 48-14-201 to 418, 48-14-801, 48-18-117, 118, and 119
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. (WV Code 48-18-123)
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
All documents except those which must be certified will be accepted electronically.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses. Extra-curricular activities Extraordinary expenses (Costs necessary for the child that are not covered by insurance or paid for by the school or other entity. Must be at least $250.00 per year, and approved by both parties as well as the judge. Documentation of expense is necessary.)
I17. Please provide the relevant statutory or case law citation. **
48-12-202 Application of expenses and credits in determining child support.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
N/A

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
Personal property - 14 days delinquent, whole or partial payments. Real property - 30 days in arrears.
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J2.2. Where are your state liens filed?
Liens are filed in the County Clerk's Office where the property is located or might be located.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
The clerk charges a fee of $10 plus $1.00 for each page over 5 pages; however, the BCSE does not pass on this cost.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Both
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
Not required
J4.2. Does your state's income withholding definition include amounts in financial institutions?

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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Concurrent. The NCP is sent the notice at the same time the freeze and seize is sent to the financial institution.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
The State has no minimum delinquency amount.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
N/A
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
30 days
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Prior to disbursement.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Wrong person, no ownership rights at present, debt not owed, account contains SSI funds.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Both
J5.11. What are your state's penalties for incorrect seizures?
Return of improperly seized funds.
J5.12. Is the second challenge administrative, judicial, or both?
N/A
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
The standard appeal time frame is 30 days. There are no unique appeal requirements. Recourse for non-debtor accounts: release of funds back to the non-debtor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Primarily centralized; non-automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
No. May be held or delivered to court or child support agency.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Must answer or deliver within 20 days.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Both
J7. Describe any other administrative enforcement procedures your state may have.
Income Withholding, credit bureau reporting
J8. Describe any other judicial enforcement procedures your state may have.
Contempt, criminal remedies.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
Income Withholding; purely administrative remedies.
J11. Describe your state's procedures for registering and enforcing another state's order.
WVC 48-16-602 is consistent with Section 602 of UIFSA. When a request for registration is received by the BCSE from another state, it is forwarded to the appropriate Clerk of the Court who causes the order to be filed as a foreign judgment. A petition or comparable pleading seeking a remedy may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. The registered order may be enforced in the same manner as an order issued in this state.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Foreign Judgments Act is found in WV Code 55-14-1 et seq.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
The arrearage must be at least $1000 and it must have been due for at least 2 months.
J15. To which credit bureaus does your state report an obligor's child support information?
Equifax, Experian, and Innovis
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Both
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Both
J19. What documentation does your state require to proceed with an AEI request?
Transmittal #1 with certified orders and certified accounting.
J20. What mandatory data elements does your state need to process AEI requests?
The information on the Transmittal #1.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
MSFIDM, FIDM, State Lottery, Workers'Comp Lump Sums, and Insurance Lump Sums.
J22. How many copies/sets of documents does your state require with an AEI request?
3 certified copies of orders and accounting.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Information included on the Transmittal #1
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
N/A
J25. What is the procedure for obtaining a certified copy of a court order?
The NCP must reside in the state of West Virginia and have a $1,000.00 arrearage and at least $500.00 in an account.
J26. What is the procedure for obtaining a certified payment record?
J27. Is there a cost for requesting a certified copy of a court order or payment record?
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
All other enforcement methods have been tried and failed. Must obtain a court order.
J29. What triggers a driver's license revocation?
court Order
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Child support order is 6 months in arrears.
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
Issuance of an order or compliance.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Upon the request of the CP or NCP, or in TANF cases, at least once every 3 years.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Gather information, run the support formula to check for difference from existing order, and file judicial action if modification is appropriate. Minimum 15% difference.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
N/A
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A
K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Contact the IPACT coordinator at the BCSE - telephone 304-558-3910; or individual requests can be made; on-line search and copies ordered from the Division of Vital Statistics, 350 Capitol Street, Room 165, Charleston, WV 25301; telephone 304-558-2931; cost $12.00.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
1. A Transmittal #1 and Registration Statement; 2. Two copies (including one certified copy) of the order to be registered, including any modifications of the order; 3. A statement of the arrearage amount; 4. If known, the obligor's address and social security number; 5. The name and address of the obligor's employer and any other source of income of the obligor; and 6. A description and location of property of the obligor in the responding state.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Arrears payment only.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child marries The child is adopted by someone other than the non-custodial parent The child support order states that child support ceases prior to normal duration The child dies

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
L1.2 Provide the statutory citation.

For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
WV Code 48-14-408(10)
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
Employers are required to report lump sums if the lump sum is a bonus. There is no threshhold amount.
L4. How are employers instructed to report a pending lump sum?
Contact Employer Relations Unit at 1-800-835-4683 or by e-mail to dhhrbcseeru@wv.gov
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Within one business day.
L6. Does your state use the income-withholding order to attach the lump sum payment?
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
IWO or Writ of Suggestion, when appropriate.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
QDRO, if appropriate.
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

For Additional Information - exit disclaimer
L9.3. If yes, what are those limits?
Only 50% of any bonus may be withheld. If the lump sum payment is not a bonus, 100% of most lump sum payments is to be withheld.
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Obligation plus arrears.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Systems and Methods, Inc.(SMI)
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Systems and Methods, Inc.(SMI)
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
No fees for cash withdrawals at an Allpoint ATM. All other ATMs, $2.50 per transaction. Balance check fee of $0.50 per transaction. Replacement cards are free but overnight delivery is $20.00. Fee schedule for the smiONE Visa Prepaid card can be found at https://www.smionecard.com and ATM locations at www.allpointnetwork.com/locator.aspx
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card Payments may be made by electronic funds transfer Payments may be made in cash.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be made by check. Payments may be made by electronic funds transfer.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
We transfer US dollars to foreign banks that accept them and foreign banks transfer US dollars to us. If foreign currency is exchange for US dollars, the oblige receives the value of the payment as of the date the foreign currency is converted to US dollars.
L19. What is your state's International Bank Account Number (IBAN)? **
Not known.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
$500.00 in arrears
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
None
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
&48-18-123 and 124
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
&48-14-405
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
No
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
No
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Workers' Comp is managed by private insurance companies; most participants are w/CSLN Network. Other states can initiate directly to insurance companies or send their requests to the WV Central Registry.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes