H. B. 2071
(By Delegate Poore)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact
of the Code of West
Virginia, 1931, as amended, relating to providing procedures
for issuing a writ of execution, suggestion or suggestee
execution because of overdue child support or spousal support
obligations; providing procedure for contesting an affidavit
and requesting a hearing; authorizing a court, in its
discretion, to require obligor to give security or post bond
or order the Bureau for Child Support Enforcement to hold
collected amounts in escrow; issuing an abstract by the clerk;
and increasing the statute of limitations on child and spousal
support orders from ten to fifteen years.
Be it enacted by the Legislature of West Virginia:
of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
PART 2. LIENS AGAINST PERSONAL
PROPERTY FOR OVERDUE SUPPORT.
§48-14-204. Execution, notice and limitation on enforcement of
_____Notwithstanding any other provisions of this code to the
contrary, executions on an overdue obligation arising from an order
for child support or spousal support shall conform to the following
_____(1) Upon receipt of an affidavit of accrued support, the clerk
shall issue a writ of execution, suggestion or suggestee execution.
_____(2) The clerk shall mail a copy of the affidavit and notice of
the filing of the affidavit by first-class mail to the obligor at
his or her last address known to the clerk. Service is complete
upon mailing. If applicable, the clerk shall provide a copy of the
affidavit and notice of the filing to the Bureau for Child Support
_____(3) The notice required in subdivision (2) of this section
must inform the obligor that if he or she desires to contest the
affidavit on the grounds that the amount claimed to be in arrears
is incorrect or that a writ of execution, suggestion or suggestee
execution is not proper because of mistakes of fact, he or she
must, within ten days of the date of the notice:
_____(A) File a written objection with the Bureau for Child Support
_____(B) Where a court of this state has jurisdiction over the parties obtain a date for a hearing before the court and mail
written notice of the hearing to the obligee and, if applicable, to
the Bureau for Child Support Enforcement.
_____(4) The court shall schedule the written objection for a
hearing within fourteen days of the request for a hearing being
filed. Pending the hearing the court may require the obligor to
give security, post a bond or give some other guarantee to secure
payment of overdue support. If a suggestee execution has been
issued and the Bureau for Child Support Enforcement is involved in
its collection, the court may order the bureau to hold any or all
of the collected amounts in escrow.
_____(5) Prior to the issuance of a suggestee execution it is not
necessary for the clerk to prepare or issue an abstract of order if
one has been issued within the previous ten years or to prepare or
issue a writ of execution or writ of suggestion.
_____(6) For any order of child support, an execution may be issued
within fifteen years after the youngest child who is the subject of
the order reaches the age of eighteen or is otherwise legally
_____(7) For any order of spousal support, an execution may be
issued within fifteen years after the date of the order.
_____(8) For any order of child support or spousal support, an
action for judgment or an execution may issue at any time within
fifteen years next after the date of the order or within fifteen years from the return day of the last execution or within fifteen
years from the date of issuance of an administrative notice to
withhold income or the date of issuance of an attempted intercept
of a state or federal income tax refund.
NOTE: The purpose of this bill is to rewrite the section
relating to procedures for writs of execution, suggestions and
suggestee executions relating to child support and spousal support
obligations. The bill also increases the statute of limitations on
child support and spousal support orders.
This section has been completely rewritten; therefore, it has
been completely underscored.