West Virginia State Law
1. General Program-At-A-Glance
| 1. How many local child support 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. |
| 2. What is the name of your IV-D agency? |
| Bureau for Child Support Enforcement (BCSE). |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Establishment requires judicial action. Enforcing support uses both. Administrative remedies are I/W, credit bureau, tax offsets, etc. Judicial remedies are contempt, liens, writs, criminal, etc.
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| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes, WV uses all of the applications. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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Ordinarily, the obligation to pay child support will end when a child reaches the age of 18. Age of majority is 18 per WV Code 2-3-1. However, payments of support may continue past the age of 18 if the child is unmarried and residing with a parent, guardian or custodian, and is enrolled as a full-time student in a secondary educational or vocational program and making substantial progress towards a diploma. Child support payments can't extend past the date the child reaches the age of 20 per WV Code 48-11-103(a) (https://code.wvlegislature.gov/48-11-103/). Factors that would end child support: The child marries, the child is adopted, the child dies, or the Court ceases support for other reasons.
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
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18, but all orders entered in WV must have language that provides for support after 18 if the child is enrolled as a student, see answer to #1.
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
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No
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| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
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Yes, the Court may extend based on the special needs of the child who is mentally or physically disabled. See answer listed in #1 above.
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| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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Emancipation automatically occurs when the child marries, or when a court declares the child emancipated. Please see WV Code 49-4-115(c).
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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No, continues until child reaches age of majority or other conditions in #1. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No, support is not reduced unless the order is a per child order. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| Yes, if child becomes disabled prior to graduating from secondary education. If child is in college, BCSE will not establish support. Please see WV Code 48-11-103 (https://code.wvlegislature.gov/48-11-103/) for the specific circumstances. |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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10 years for court cases originating before June 6, 2008. Court cases filed June 6, 2008, or later - 10 years from the date the last child covered under the order emancipates.
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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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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.
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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Yes, renewal is possible. Dormancy revival is not possible. 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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4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
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Income Shares Model per WV Code 48-13-101 et seq.
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| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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Yes, 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.
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, 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. Please see WV Code 48-1-302 (https://code.wvlegislature.gov/48-1-302/).
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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Yes, 1) No pre-judgment interest is charged. 2) Once the retroactive support is ordered, interest is charged from the date of the order forward. See #2 above.
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| Yes, if a judgment is awarded for the obligors portion. |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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1) The applicant/recipient (new caretaker or child support worker) signs an affidavit stating that the child is living with a new caretaker, in foster care, or receiving TANF; 2) A letter along with a copy of the affidavit is mailed to the obligor, the court-ordered payee, the new caretaker, and is filed with the Court; The parties have 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 filed with the Court. The redirection informs the parties 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 appropriate entity. Please see WV Code 48-18-114
(https://code.wvlegislature.gov/48-18-114/).
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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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No, the process remains the same as indicated in #6.
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| 7. 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? |
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No, please see WV Code 48-14-102 & 48-18-114 (https://code.wvlegislature.gov/48-18-114/).
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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
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Statutory benefits may be in lieu of support ONLY when the Court order states specifically that the child's portion of the benefit is to be in lieu of the support obligation. If there is a current order of support, BCSE would file a request to modify. The child support calculation submitted to the Court would subtract the amount of disability benefits the child(ren) received from the proposed child support amount and request credit of any lump sum monies received as a result of the obligor's disability benefits.
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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No
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5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
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No. The Family Court Judge may address custody and visitation; however, the BCSE does not litigate nor participate in custody and visitation issues.
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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The percentage is 98%.
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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WV Code 48-24-106 (https://code.wvlegislature.gov/48-24-106/), and 16-5-10 are the statutes concerning paternity acknowledgments. Paternity affidavits are conclusive after the rescission period expires.
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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Yes, there is presumption but there are exceptions. Please see WV Code 16-5-10 and 48-24-101(e)(2) (https://code.wvlegislature.gov/48-24-101/).
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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Yes
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| No |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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WV does not have a registry.
For Additional Information - No Link Provided |
| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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Copies of birth certificates or paternity affidavits. The BCSE does not charge a fee for providing copies to another IV-D agency. Requests should be emailed to DHHRBCSEDVSResearch@WV.GOV
For Additional Information - No Link Provided |
| 9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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Yes. DVS charges a $12 fee. IV-D agencies can request assistance by emailing the BCSE at DHHRBCSEDVSResearch@WV.GOV
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| 9.1. Describe any circumstances under which these fees may be waived? |
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Contact the WV Division of Vital Statistics (http://www.wvdhhr.org/bph/hsc/contactUs.asp).
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| NA |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| Send one set of documents. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| WV only uses a judicial process. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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WV only uses a judicial process, see WV Code 48-11-101 et seq., 48-13-101 (https://code.wvlegislature.gov/48-13-101), 48-14-101 to 107 (https://code.wvlegislature.gov/48-14-101/) to (https://code.wvlegislature.gov/48-14-107/)
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
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All circumstances are judicial.
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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The obligee and obligor's income are used for WV's guidelines, see WV Code 48-13-103, 48-13-201 (https://code.wvlegislature.gov/48-13-103/), and 48-13-603 (https://code.wvlegislature.gov/48-13-603/).
Also need information on the child's portion of SSD if based on the obligor's disability. WV Code 48-1-228 (https://code.wvlegislature.gov/48-1-228/).
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| 2.1. What documentation is required as proof/evidence of this information? |
| There is no specific requirement. Preferred documentation can be income tax returns, W2s, paycheck stubs, and award statements. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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(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.
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
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Yes, in paternity cases, the court is limited to 3 years unless it can be proven that (1) the alleged father had actual knowledge that he was the father of the child; or (2) the alleged father deliberately concealed his whereabouts to evade process; or (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, see WV Code 48-24-104. In non-paternity cases, support can be retroactive to the birth of the child or separation of the parents.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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Income documentation and voluntary payment history for periods for which reimbursement is sought.
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| No |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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See #4. Also, the doctrine of laches may apply.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
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No, WV Code 48-14-102 & 48-18-114 (https://code.wvlegislature.gov/48-18-114/).
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| 5.1. What about when public assistance is not being expended? |
| See #5 |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
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If child support is reserved due to lack of personal jurisdiction, setting support can be through establishment process. For all other situations, use the modification process.
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| 7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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No
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7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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TANF benefits, SSI, VA Disability, see WV Code 48-1-228(d).
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
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No, WV uses limits that are 10% lower than the CCPA.
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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Yes, we have a hardship policy for collection of arrears.
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| 2.2. What are the withholding limits for non-employees? |
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Same as notated in #2: WV Code 48-18-125 and 48-14-408 (https://code.wvlegislature.gov/48-14-408/). WV does not differentiate for contractors and employees.
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| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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The employer is entitled to deduct a fee of $1 for each withholding, see WV Code 48-14-406(c).
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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The mailing of an income withholding order.
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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No later than the first 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. See WV Code 48-14-407 (https://code.wvlegislature.gov/48-14-407/)and 48-14-409.
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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Same day as employee is paid.
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
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Misdemeanor with fine up to $100 or civil suit for damages. Proceedings may be filed against the employer. The employer is liable for the accumulated amount the employer should have withheld from the obligor's wages. See WV Code 48-14-413, 48-14-414 (https://code.wvlegislature.gov/48-14-414/), and 48-14-415 (https://code.wvlegislature.gov/48-14-415/).
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
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Civil penalties same as #7. Criminal penalties could be applied if employer is found guilty of a crime. See WV Code 48-14-413, 48-14-414 (https://code.wvlegislature.gov/48-14-414/), and 48-14-415 (https://code.wvlegislature.gov/48-14-415/).
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| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
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No
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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Requires a UIFSA request. Send Transmittal-1, Confidential Information Form, a certified copy of all orders, and certified accounting.
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| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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Yes, but there is no statutory requirement for the bank to honor an I/W.
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| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| WV will attempt to seize an account upon receiving a full UIFSA request. |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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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.
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| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| 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 the obligor's cases owed an arrearage. See WV Code 48-14-408 (https://code.wvlegislature.gov/48-14-408/). The employer may contact the WV Employer Relations Unit (https://dhhr.wv.gov/bcse/employers/Pages/Contact Employer Relations.aspx) for clarification. 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. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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Disposable income means that part remaining after the deduction of any amounts required by law to be withheld. Defined in WV Code 21-5-1(g) (https://code.wvlegislature.gov/21-5-1/).
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| 13. When does your state require the employer to send notice of an employee's termination? |
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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.
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| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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Current support is paid first and divided proportionally among current support orders. Payment on arrears is divided evenly among all of the obligor's cases.
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8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Yes. A child support payment of up to $100 for families with one child or $200 for families with more than one child that is received by BCSE is passed through to the family. Pass-through payment amounts will depend on the amount of child support collected by the BCSE but will not exceed the $100/$200 limits. The Bureau for Family Assistance provides a $25 benefit increase to any TANF recipient when child support, in any amount, is collected. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| Federal income tax refund offset follows the DRA distribution - applied to families first. |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| When a payment is received and there are arrears, payments apply first to current support, then split evenly between all cases with arrears owed. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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When a payment is received and there are arrears, payments apply first to current support, then split evenly between all cases with arrears owed.
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9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| MSFIDM, FIDM, Lottery, and lump sum benefits. Requests may require a full UIFSA petition, dependent on whether the obligor contests the action. See WV Code 48-16-507 (https://code.wvlegislature.gov/48-16-507/), and 48-16-601 (https://code.wvlegislature.gov/48-16-601/) thru 48-16-603 (https://code.wvlegislature.gov/48-16-603/) |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| Normal UIFSA procedures for enforcement of order: Transmittal # 1, Letter of Transmittal Requesting Registration, Child Support Agency Confidential Information Form, Certified Orders, Certified Arrearages Statement, and any other supporting documents (Recent postal, etc.). |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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The arrearage must be at least $1000, and it must have been past due for at least 2 months.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| Equifax, Experian, and Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Credit bureau reporting is administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| The BCSE automatically submits monthly balances to the credit bureaus. The credit bureau determines when to remove. The obligor may dispute any errors with the credit bureau. |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| No, unless there are state arrears owed to WV and WV is actively enforcing. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes, per 45 CFR 303.7(c)(8) (https://www.ecfr.gov/current/title-45/subtitle-B/chapter-III/part-303/section-303.7#p-303.7(c)(8)). BCSE submits cases with state arrears of $150.00 or family arrears of $500.00 in all of the obligor's combined cases. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| No |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes, the minimum required is $1,000 in arrears. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| No |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| Yes, the minimum required is $1,000 in arrears. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| No |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Procedures in WV are judicial. See WV Code 48-18-124 (https://code.wvlegislature.gov/48-18-124/), 48-14-203 (https://code.wvlegislature.gov/48-14-203/), and 48-14-204 (https://code.wvlegislature.gov/48-14-204/). |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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NA
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| The process is primarily centralized. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| Arrears are equal to or greater than $1000.00. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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No applicable statute regarding accepting direct enforcement from other states.
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| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| Full UIFSA is required to levy accounts because judicial action is required. WV Code 48-14-301 (https://code.wvlegislature.gov/48-18-301/) and 48-14-302 (https://code.wvlegislature.gov/48-18-302/) |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
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No. WV Code 48-14-405 and 48-1-230 (https://code.wvlegislature.gov/48-1-230/).
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| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
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Yes, a notice of intent must be sent to the obligor. The state and financial institution notify the obligor. The obligor has 14 days to contest the action.
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| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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The timeframe varies.
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| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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No, the assets may be held or delivered to court or child support agency.
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| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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100% is eligible for attachment, including joint accounts.
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| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
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Some defenses against attachment: Wrong person, mistakes in fact, no ownership rights, debt not owed, and account contains SSI funds. WV Code 38-8-11, and 48-14-204 (https://code.wvlegislature.gov/38-14-204/).
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| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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No
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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A Court finds that all other enforcement remedies have been exhausted and the arrears equal to or exceed six months of child support; or noncompliance with medical order for six months; or failure to comply with a warrant or subpoena. If low-income parents or hardship exemptions exist, the case is not referred for license suspension. WV Code 48-15-201 (https://code.wvlegislature.gov/48-15-201/), 48-15-202, 48-15-203 ((https://code.wvlegislature.gov/48-15-203/) & 48-15-209 (https://code.wvlegislature.gov/48-15-209/).
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| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| Pay the full amount of the child support arrearage or medical support arrearage or provides proof that health insurance for the child has been obtained as required by a medical support order or enters into a pay agreement with the BCSE. Restoration/reinstatement requires the Court to issue an order restoring the license. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| Nothing related to child support. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| A Court finds that all other enforcement remedies have been exhausted and the arrears equal to or exceed six months of child support; or noncompliance with medical order for six months; or failure to comply with a warrant or subpoena. If low-income parents or hardship exemptions exist, the case is not referred for license suspension. WV Code 48-15-201 (https://code.wvlegislature.gov/48-15-201/), 48-15-203 (https://code.wvlegislature.gov/48-15-203/) & 48-15-209 (https://code.wvlegislature.gov/48-15-209/). Licenses defined in WV Code 48-15-104 (https://code.wvlegislature.gov/48-15-104/). |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| Pay the full amount of the child support arrearage or medical support arrearage or provides proof that health insurance for the child has been obtained as required by a medical support order or enters into a pay agreement with the BCSE. Restoration/ reinstatement requires the Court to issue an order reinstating the license. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| This is dependent upon the licensing authority. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| Same as 30 above. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| Same as 31 above. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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Nothing related to child support.
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| 36. What are the criteria for initiating/filing a lien in your state? |
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Statutory- Personal property - 14 days delinquent, whole or partial payments. Real property -30 days in arrears. Policy - Arrears over $5,000.00. See question #37
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| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Both. A judicial lien is filed after most judgments. An administrative lien is filed with an Affidavit of Accrued Support. WV Code 48-14-201 (https://code.wvlegislature.gov/48-14-201/); 48-14-203 (https://code.wvlegislature.gov/48-14-203/); 48-14-204 (https://code.wvlegislature.gov/48-14-204/); 48-14-301 (https://code.wvlegislature.gov/48-14-301/); 48-14-302 (https://code.wvlegislature.gov/48-14-302/); 38-3-5 (https://code.wvlegislature.gov/38-3-5/)thru 38-3-8 (https://code.wvlegislature.gov/38-3-8/). |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
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Yes. Seizure is administrative and the sale is judicial. The process is rarely used and requires a large asset. See WV Code 38-4-1 et seq.
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| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes, administrative remedy. |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes, all types of winnings are included. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| None |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| None |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
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Every 3 years the obligee and obligor are notified that their case qualifies for a modification review.
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| 2. What is your state's modification procedure? Briefly describe. |
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BCSE or party petitions the court for a modification and requests a hearing.
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
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Minimum 15% difference from current child support order or when the obligor is incarcerated or becomes eligible for disability benefits. See WV Code 48-11-105 and 48-18-202(6)(b) (https://code.wvlegislature.gov/48-18-202/).
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| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes, see WV Code 48-18-126 (https://code.wvlegislature.gov/48-18-126/). |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes, see WV Code 48-18-126 (https://code.wvlegislature.gov/48-18-126/). |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
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Yes
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| 4.4. The cost of living has changed. |
| No |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes, see WV Code 48-18-126 (https://code.wvlegislature.gov/48-18-126/). |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes, see WV Code 48-18-126 (https://code.wvlegislature.gov/48-18-126/). |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
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Obligor eligible for disability payments or incarcerated, change in physical custody of children, emancipation of a child, child still in high school at age 18, add medical insurance, and death of one of the parties. See WV Code 48-11-105 and 48-18-202(6)(b) (https://code.wvlegislature.gov/48-18-202/).
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| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
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Yes, see WV Code 48-18-202(6)(b).
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11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
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NA
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| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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Yes, WV Code 48-14-408(10).
Employers are instructed to report lump sums by contacting Employer Relations Unit at 1-800-249-3778 or by e-mail to dhhrbcseeru@wv.gov or by fax at 304-558-1487 or through the OCSEs Child Support Portal.
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| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| Income withholding orders are issued for employer bonuses, SSA, and workers' compensation lump sums. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| No, WV does not elect to recover costs. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| NA |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| No |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| Currently, the State pays the fee out of its own funds. |
| 3.1. Is it retained by the state from support collected? |
| NA |
| 3.2. Is it paid by the individual applying for child support services? |
| NA |
| 3.3. Is it recovered from the noncustodial parent? |
| NA |
| 3.4. Is it paid by the state out of its state funds? |
| Yes |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
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No, see question #11 in Income Withholding section regarding allocation of payments.
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| 2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program? |
| Arrears are greater than or equal to $1000.00. |
| 3. What process does your state use to intercept insurance payments? |
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Send an I/W or file Suggestion.
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| 4. How does another state initiate and intercept collections from your states workers compensation agency? |
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Send an I/W directly to the private insurer.
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| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| Yes |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes |
| 2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes |
| 3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
| Yes |
| 4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
| Yes |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Rarely, but most common practice is to send MSC P GSPUD. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes, CSENet sent annually if a MSC P GSTAI transaction was not sent within the previous 6 months. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
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Send a Transmittal 3 to Central Registry and no cost.
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| 2. What are the procedures and associated costs for obtaining a certified payment record? |
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Send a Transmittal 3 to Central Registry and no cost.
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17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
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WV Code 48-16-101 to 903.
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| 2. How does your state define the tribunal (See UIFSA 103)? |
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The Family Court is the tribunal.
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| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| Two copies, including one certified copy of all orders to be registered (including modification orders). |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| No |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| No agreements. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| WV adopted Alternative A. |
19. International Information For Hague Convention Countries
| 1. 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).) |
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Yes
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| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| Yes, all documents except those which must be certified will be accepted electronically. |
| 3. What methods of personal service does your state use? |
| Send documents directly to the sheriff or private process server. W.Va. R. Civ. P. 3 thru 6 (http://www.courtswv.gov/legal-community/court-rules/civil-procedure/II.html). |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
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Work-related childcare expenses, extra-curricular activities, extraordinary expenses, and unreimbursed medical expenses.
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| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| No |
| 6. What circumstances will cause your state to end child support before the normal duration? |
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The child emancipates before the normal duration, see WV Code 49-4-115.
The child marries.
The child is adopted.
The order specifically states that child support terminates.
The child dies.
See Duration of Support question #1 and See WV Code 48-11-101 et seq. (https://code.wvlegislature.gov/48-11/).
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20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| A paper check is sent. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| None |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| No |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| No |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
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NA
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No |