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WEST VIRGINIA CODE

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PART VII. SUPPORT PROCEEDING UNDER CONVENTION.

§48-16-701. Definitions.

In this part:

(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) "Central authority" means the entity designated by the United States or a foreign country described in section 102(5)(D) [§48-16-102(5)(D]] to perform the functions specified in the convention.

(3) "Convention support order" means a support order of a tribunal of a foreign country described in section 102(5)(D) [§48-16-102(5)(D)].

(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.

(5) "Foreign central authority" means the entity designated by a foreign country described in section 102(5)(D) [§48-16-102(5)(D)], to perform the functions specified in the convention.

(6) "Foreign support agreement:"

(A) Means an agreement for support in a record that:

(i) Is enforceable as a support order in the country of origin;

(ii) Has been:

(I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(II) Authenticated by, or concluded, registered or filed with a foreign tribunal; and

(iii) May be reviewed and modified by a foreign tribunal; and

(B) Includes a maintenance arrangement or authentic instrument under the convention.

(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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