H. B. 4096
(By Delegates Caputo, Staton, Varner,
Prunty, Mahan, Douglas and Manchin)
[Introduced January 20, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section four, article six, chapter
forty-eight-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to limiting
retroactive award of child support payments by the father to
a date no earlier than the establishment of paternity.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter forty-eight-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. ESTABLISHMENT OF PATERNITY.
§48A-6-4. Establishment of paternity and duty of support.
(a) When the defendant, by verified responsive pleading,
admits that the man is the father of the child and owes a duty of support, or if after a hearing on the merits, the court shall
find, by clear and convincing evidence that the man is the father
of the child, the court shall order support in accordance with
the provisions of this section. In no case shall a court order
retroactive child support payments for a period of time before
paternity is established pursuant to this section or section six
of this article.
(b) Upon motion by a party, the court shall issue a temporary
order for child support pending a judicial determination of
parentage if there is clear and convincing evidence of paternity
on the basis of genetic tests or other scientifically recognized
evidence.
(c) The court shall give full faith and credit to a
determination of paternity made by any other state, based on the
laws of that state, whether established through voluntary
acknowledgment or through administrative or judicial process.
(d) Bills for pregnancy, childbirth, and genetic testing are
admissible as evidence of expenses incurred. Evidence so
admitted shall constitute prima facie evidence of amounts
incurred for such services or for testing on behalf of the child.
NOTE: This bill prohibits the ordering of child support
obligation prior to the time paternity is established.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.