H. B. 2672
(By Delegates Brown, Douglas, Sorah, Kessel and L. White)
[Introduced March 23, 1993; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article three, chapter
two of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section three,
article two, chapter thirty-three of said code; to amend and
reenact section fifteen-a, article two, chapter forty-eight
of said code; to amend and reenact section three, article
one, chapter forty-eight-a of said code; to amend and
reenact section five, article five of said chapter
forty-eight-a; and to further amend said article five by
adding thereto a new section, designated section nine, all
relating to the enforcement of family obligations generally;
providing for child support for persons beyond the age of
eighteen who have not graduated high school; mandating the
commissioner of insurance to enforce certain provisions;
clarifying enforcement powers and duties of children's
advocates; providing that obligors may not be found in
contempt who lack the ability to pay support; defining the
ability to pay; providing for the denial or suspension of
professional licenses or certificates; defining good cause,
redefining certain terms.
Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter two of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section three, article two,
chapter thirty-three of said code be amended and reenacted; that
section fifteen-a, article two, chapter forty-eight of said code
be amended and reenacted; that section three, article one,
chapter forty-eight-a of said code be amended and reenacted; that
section five, article five of said chapter forty-eight-a be
amended and reenacted, and that said article be further amended
by adding thereto a new section, designated section nine, all to
read as follows:
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS,
DEFINITIONS AND LEGAL CAPACITY.
ARTICLE 3. LEGAL CAPACITY.
§2-3-1. Legal capacity; saving provisions.
On and after June nine, one thousand nine hundred seventy-
two, except as otherwise specifically provided in this code, no
person who is eighteen years of age or older shall lack legal
capacity, by reason of his age, to enter into contracts, sell or
purchase real or personal property, create a lien, execute any
legal or other written instrument, prosecute or defend legal
actions, assert claims or deal in his own affairs in any mannerwhatsoever.
The provisions of this section, and the provisions of
chapter sixty-one, acts of the Legislature, regular session, one
thousand nine hundred seventy-two, reducing various prescribed
age requirements to eighteen years of age, shall not, however, by
operation of law affect any rights, duties, obligations or
interests accruing or vesting by virtue of any statute, act,
event, transaction, order, judgment or decree prior to June nine,
one thousand nine hundred seventy-two, or any cause of action
which arose or any civil action or claim instituted or asserted
prior to such date, and any such right, duty, obligation,
interest, cause of action, civil action or claim may be enforced,
exercised, enjoyed, terminated, discharged, consummated,
prosecuted, maintained or asserted with like effect as if said
chapter sixty-one had not been enacted:
Provided, That any
person who has attained the age of eighteen years shall have full
power and authority to exercise any and all of the rights,
privileges and powers granted to him in the first paragraph of
this section with respect to any legal or equitable interest
acquired by or which vested in such person before he became
eighteen years of age:
Provided, however, That under no
circumstances whatever shall any of the changes made by said
chapter sixty-one have any effect upon any of the terms or
provisions of or any conditions imposed by any last will and
testament, trust agreement or any other written instrument of any
kind or character executed prior to such date of June nine, onethousand nine hundred seventy-two:
Provided further, That any
order or mandate providing for payment of child support for any
person up to the age of twenty-one years contained in any decree
or order of divorce or separate maintenance or in any order in
any nonsupport or bastardy proceeding,
which decree or order was
entered prior to June nine, one thousand nine hundred seventy-
two, may by order of the court be terminated as to such person
upon such person attaining the age of eighteen years
unless upon
attaining the age of eighteen years such person is a full-time
student, has not graduated high school or vocational school, and
remains a dependant of the custodial parent.
Moreover, the provisions of this section shall not affect
any acts performed or transactions entered into by a person under
the age of twenty-one years prior to June nine, one thousand nine
hundred seventy-two. No change in the general age of legal
capacity or in the definitions of the words "under disability,"
"infant" or "minor" contained in section ten, article two of this
chapter shall alter any statute of limitations as to causes of
action arising before such date of June nine, one thousand nine
hundred seventy-two.
CHAPTER 33. INSURANCE COMMISSIONER
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-3. Duties of the commissioner; employment of legal
counsel.
(a) The commissioner shall enforce the provisions of this
chapter and
section fifteen-a, article two of chapter forty-eightand perform the duties required thereunder; shall affix the
commissioner's official seal to all documents and papers required
to be filed in other states by domestic insurers and to other
papers when an official seal is required; and shall, on or before
the tenth day of each month, pay into the state treasury all fees
and moneys which he or she has received during the preceding
calendar month.
(b) Notwithstanding any provisions of this code to the
contrary, the commissioner may acquire such legal services as are
deemed necessary, including representation of the commissioner
before any court or administrative body. Such counsel may be
employed either on a salaried basis or on a reasonable fee basis.
In addition, the commissioner may call upon the attorney general
for legal assistance and representation as provided by law.
CHAPTER 48. DOMESTIC RELATIONS
ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.
§48-2-15a. Medical support enforcement.
(a) For the purposes of this section:
(1) "Custodian for the children" means a parent, legal
guardian, committee or other third party appointed by court order
as custodian of child or children for whom child support is
ordered.
(2) "Obligated parent" means a natural or adoptive parent
who is required by agreement or order to pay for insurance
coverage and medical care, or some portion thereof, for his or
her child.
(3) "Insurance coverage" means coverage for medical, dental,
including orthodontic, optical, psychological, psychiatric or
other health care service.
(4) "Child" means a child to whom a duty of child support is
owed.
(5) "Medical care" means medical, dental, optical,
psychological, psychiatric or other health care service for
children in need of child support.
(6) "Insurer" means any company,
health maintenance
organization, self-funded group, multiple employer welfare
arrangement, hospital or medical services corporation trust or
other entity which provides insurance coverage.
(b) In every action to establish or modify an order which
requires the payment of child support, the court shall ascertain
the ability of each parent to provide medical care for the
children of the parties. The court shall order one or more of
the following:
(1) The court may order either parent or both parents to
provide insurance coverage for a child, if such insurance
coverage is available to that parent on a group basis through an
employer or through an employee's union. If similar insurance
coverage is available to both parents, the court shall order the
child to be insured under the insurance coverage which provides
more comprehensive benefits. If such insurance coverage is not
available at the time of the entry of the order, the order shall
require that if such coverage thereafter becomes available toeither party, that party shall promptly notify the other party of
the availability of insurance coverage for the child.
(2) If the court finds that insurance coverage is not
available to either parent on a group basis through an employer,
multiemployer trust or employees' union, or that the group
insurer is not accessible to the parties, the court may order
either parent or both parents to obtain insurance coverage which
is otherwise available at a reasonable cost.
(3) Based upon the respective ability of the parents to pay,
the court may order either parent or both parents to be liable
for reasonable and necessary medical care for a child. The court
shall specify the proportion of the medical care for which each
party shall be responsible.
(4) If insurance coverage is available, the court shall also
determine the amount of the annual deductible on insurance
coverage which is attributable to the children and designate the
proportion of the deductible which each party shall pay.
(c) The cost of insurance coverage shall be considered by
the court in applying the child support guidelines provided for
in section eight, article two, chapter forty-eight-a of this
code.
(d) Within thirty days after the entry of an order requiring
the obligated parent to provide insurance coverage for the
children, that parent shall submit to the custodian for the child
written proof that the insurance has been obtained or that an
application for insurance has been made. Such proof of insurancecoverage shall consist of, at a minimum:
(1) The name of the insurer;
(2) The policy number;
(3) An insurance card;
(4) The address to which all claims should be mailed;
(5) A description of any restrictions on usage, such as
prior-approval for hospital admission, and the manner in which to
obtain such approval;
(6) A description of all deductibles; and
(7) Five copies of claim forms.
(e) The custodian for the child shall send the insurer or
the obligated parent's employer the children's address and notice
that the custodian will be submitting claims on behalf of the
children. Upon receipt of such notice, or an order for insurance
coverage under this section, the obligated parent's employer,
multiemployer trust or union shall, upon the request of the
custodian for the child, release information on the coverage for
the children, including the name of the insurer.
(f) A copy of the court order for insurance coverage shall
not be provided to the obligated parent's employer or union or
the insurer unless ordered by the court, or unless:
(1) The obligated parent, within thirty days of receiving
effective notice of the court order, fails to provide to the
custodian for the child written proof that the insurance has been
obtained or that an application for insurance has been made;
(2) The custodian for the child serves written notice bymail at the obligated parent's last known address of intention to
enforce the order requiring insurance coverage for the child; and
(3) The obligated parent fails within fifteen days after the
mailing of the notice to provide written proof to the custodian
for the child that the child has insurance coverage.
(g) (1) Upon service of the order requiring insurance
coverage for the children, the employer, multiemployer trust or
union shall enroll the child as a beneficiary in the group
insurance plan and withhold any required premium from the
obligated parent's income or wages.
(2) If more than one plan is offered by the employer,
multiemployer trust or union, the child shall be enrolled in the
most comprehensive plan otherwise available to the obligated
parent at a reasonable cost.
(3) Insurance coverage for the child which is ordered
pursuant to the provisions of this section shall not be
terminated except as provided in subsection (i) of this section.
(h) (1) The signature of the custodian for the child shall
constitute a valid authorization to the insurer for the purposes
of processing an insurance payment to the provider of medical
care for the child.
(2) No insurer, employer or multiemployer trust in this
state may refuse to honor a claim for a covered service when the
custodian for the child or the obligated parent submits proof of
payment for medical bills for the child.
(3) The insurer shall reimburse the custodian for the childor the obligated parent who submits copies of medical bills for
the child with proof of payment.
(4) All insurers in this state shall provide insurance
coverage for the child of a covered employee notwithstanding the
amount of support otherwise ordered by the court and regardless
of the fact that the child may not be living in the home of the
covered employee.
(i) When an order for insurance coverage for a child
pursuant to this section is in effect and the obligated parent's
employment is terminated, or the insurance coverage for the child
is denied, modified or terminated, the insurer shall, within ten
days after the notice of change in coverage is sent to the
covered employee, notify the custodian for the child and provide
an explanation of any conversion privileges available from the
insurer.
(j) A child of an obligated parent shall remain eligible for
insurance coverage until the child is emancipated or until the
insurer under the terms of the applicable insurance policy
terminates said child from coverage, whichever is later in time,
or until further order of the court.
(k) If the obligated parent fails to comply with the order
to provide insurance coverage for the child, the court shall:
(1) Hold the obligated parent in contempt for failing or
refusing to provide the insurance coverage, or for failing or
refusing to provide the information required in subsection (d) of
this section;
(2) Enter an order for a sum certain against the obligated
parent for the cost of medical care for the child, and any
insurance premiums paid or provided for the child during any
period in which the obligated parent failed to provide the
required coverage; and
(3) In the alternative, other enforcement remedies available
under sections two and three, article five, chapter forty-eight-a
of this code, or otherwise available under law, may be used to
recover from the obligated parent the cost of medical care or
insurance coverage for the child.
(l) Proof of failure to maintain court ordered insurance
coverage for the child constitutes a showing of substantial
change in circumstances or increased need pursuant to section
fifteen of this article, and provides a basis for modification of
the child support order.
CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.
ARTICLE 1. GENERAL PROVISIONS.
§48A-1-3. Definitions.
As used in this chapter:
(1) "Automatic data processing and retrieval system" means
a computerized data processing system designed to do the
following:
(A) To control, account for and monitor all of the factors
in the support enforcement collection and paternity determination
process, including, but not limited to:
(i) Identifiable correlation factors (such as socialsecurity numbers, names, dates of birth, home addresses and
mailing addresses of any individual with respect to whom support
obligations are sought to be established or enforced and with
respect to any person to whom such support obligations are owing)
to assure sufficient compatibility among the systems of different
jurisdictions to permit periodic screenings to determine whether
such individual is paying or is obligated to pay support in more
than one jurisdiction;
(ii) Checking of records of such individuals on a periodic
basis with federal, interstate, intrastate and local agencies;
(iii) Maintaining the data necessary to meet applicable
federal reporting requirements on a timely basis; and
(iv) Delinquency and enforcement activities;
(B) To control, account for and monitor the collection and
distribution of support payments (both interstate and
intrastate), the determination, collection and distribution of
incentive payments (both interstate and intrastate), and the
maintenance of accounts receivable on all amounts owed, collected
and distributed;
(C) To control, account for and monitor the costs of all
services rendered, either directly or by exchanging information
with state agencies responsible for maintaining financial
management and expenditure information;
(D) To provide access to the records of the department of
health and human resources or aid to families with dependent
children in order to determine if a collection of a supportpayment causes a change affecting eligibility for or the amount
of aid under such program;
(E) To provide for security against unauthorized access to,
or use of, the data in such system;
(F) To facilitate the development and improvement of the
income withholding and other procedures designed to improve the
effectiveness of support enforcement through the monitoring of
support payments, the maintenance of accurate records regarding
the payment of support, and the prompt provision of notice to
appropriate officials with respect to any arrearages in support
payments which may occur; and
(G) To provide management information on all cases from
initial referral or application through collection and
enforcement.
(2) "Chief judge" means the following:
(A) The circuit judge in a judicial circuit having only one
circuit judge, except for the twenty-third and thirty-first
judicial circuits;
(B) In the twenty-third and thirty-first judicial circuits,
a chief judge designated by the judges thereof from among
themselves by general order, to act as chief judge for both
circuits for the purposes of this chapter:
Provided,
That if the
judges cannot agree as to who shall act as chief judge, then a
chief judge shall be designated for the purposes of this chapter
by the supreme court of appeals; or
(C) The chief judge of the circuit court in a judicialcircuit having two or more circuit judges.
(3) "Child advocate office" means the office within the
department of health and human resources created under the
provisions of article two of this chapter, intended by the
Legislature to be the single and separate organizational unit of
state government administering programs of child and spousal
support enforcement and meeting the staffing and organizational
requirements of the secretary of the federal department of health
and human services.
(4) "Children's advocate" or "advocate" means a person
appointed to such position under the provisions of section two,
article three of this chapter forty-eight-a, and empowered to
enforce the provisions of chapters forty-eight, forty-eight-a,
and section twenty-nine, article five, chapter sixty-one of this
code.
(5) "Court" means a circuit court of this state, unless the
context in which such term is used clearly indicates that
reference to some other court is intended. For the purposes of
this chapter, the circuit courts of the twenty-third and thirty-
first judicial circuits shall be considered as being in a single
judicial circuit.
(6) "Court of competent jurisdiction" means a circuit court
within this state, or a court or administrative agency of another
state having jurisdiction and due legal authority to deal with
the subject matter of the establishment and enforcement of
support obligations. Whenever in this chapter reference is madeto an order of a court of competent jurisdiction, or similar
wording, such language shall be interpreted so as to include
orders of an administrative agency entered in a state where
enforceable orders may by law be properly made and entered by
such administrative agency.
(7) "Custodial parent" or "custodial parent of a child"
means a parent who has been granted custody of a child by a court
of competent jurisdiction. "Noncustodial parent" means a parent
of a child with respect to whom custody has been adjudicated with
the result that such parent has not been granted custody of the
child.
(8) "Domestic relations matter" means any circuit court
proceeding involving child custody, child visitation, child
support or alimony.
(9) "Earnings" means compensation paid or payable for
personal services, whether denominated as wages, salary,
commission, bonus, or otherwise, and includes periodic payments
pursuant to a pension or retirement program. "Disposable
earnings" means that part of the earnings of any individual
remaining after the deduction from those earnings of any amounts
required by law to be withheld.
(10) "Employer" means any individual, sole proprietorship,
partnership, association, public or private corporation, the
United States or any federal agency, this state or any political
subdivision of this state, any other state or a political
subdivision of another state, and any other legal entity whichhires and pays an individual for his services.
(11) "Good Cause" means:
(A) Automatic withholding would not be in the best interest
of the child or children; and
(b) In modification cases, the obligor has submitted
sufficient proof of timely payments of previously ordered
support.
(11) (12) "Guardian of the property of a child" means a
person lawfully invested with the power, and charged with the
duty, of managing and controlling the estate of a child.
(12) (13) "Income" includes, but is not limited to, the
following:
(A) Commissions, earnings, salaries, wages and other income
due or to be due in the future to an obligor from his employer
and successor employers;
(B) Any payment due or to be due in the future to an obligor
from a profit-sharing plan, a pension plan, an insurance
contract, an annuity, social security, unemployment compensation,
supplemental employment benefits, workers' compensation benefits,
state lottery winnings and prizes, and overtime pay;
(C) Any amount of money which is owing to the obligor as a
debt from an individual, partnership, association, public or
private corporation, the United States or any federal agency,
this state or any political subdivision of this state, any other
state or a political subdivision of another state, or any other
legal entity which is indebted to the obligor.
(13) (14) "Individual entitled to support enforcement
services under the provisions of this chapter and the provisions
of Title IV-D of the Federal Social Security Act" means:
(A) An individual who has applied for or is receiving
services from the child advocate office and who is the custodial
parent of a child, or the primary caretaker of a child, or the
guardian of the property of a child when:
(i) Such child has a parent and child relationship with an
obligor who is not such custodial parent, primary caretaker or
guardian; and
(ii) The obligor with whom the child has a parent and child
relationship is not meeting an obligation to support the child,
or has not met such obligation in the past; or
(B) An individual who has applied for or is receiving
services from the child advocate office and who is an adult or an
emancipated minor whose spouse or former spouse has been ordered
by a court of competent jurisdiction to pay spousal support to
the individual, whether such support is denominated alimony or
separate maintenance, or is identified by some other terminology,
thus establishing a support obligation with respect to such
spouse, when the obligor required to pay such spousal support is
not meeting the obligation, or has not met such obligation in the
past.
(C) An individual who is an obligee in a support order
entered by a court of competent jurisdiction after the thirty-
first day of December, one thousand nine hundred ninety-three.
(14) (15) "Master" or "family law master" means a person
appointed to such position under the provisions of section one,
article four of this chapter.
(15) (16) "Obligee" means an individual to whom a duty of
support is owed, or the state of West Virginia or the department
of health and human resources, if support has been assigned to
the state or department.
(16) (17) "Obligor" means a person who owes a legal duty to
support another person.
(17) (18) "Office of the children's advocate" means the
office created in section two, article three of this chapter.
(18) (19) "Primary caretaker of a child" means a parent or
other person having actual physical custody of a child without a
court order granting such custody, and who has been primarily
responsible for exercising parental rights and responsibilities
with regard to such child.
(19) (20) "Source of income" means an employer or successor
employer or any other person who owes or will owe income to an
obligor.
(20) (21) "Support" means the payment of money including
interest:
(A) For a child or spouse, ordered by a court of competent
jurisdiction, whether the payment is ordered in an emergency,
temporary, permanent or modified order, decree or judgment of
such court, and the amount of unpaid support shall bear interest
from the date it accrued, at a rate of ten dollars upon onehundred dollars per annum, and proportionately for a greater or
lesser sum, or for a longer or shorter time;
(B) To third parties on behalf of a child or spouse,
including, but not limited to, payments to medical, dental or
educational providers, payments to insurers for health and
hospitalization insurance, payments of residential rent or
mortgage payments, payments on an automobile, or payments for day
care; and/or
(C) For a mother, ordered by a court of competent
jurisdiction, for the necessary expenses incurred by or for the
mother in connection with her confinement or of other expenses in
connection with the pregnancy of the mother.
(21) (22) "Support order" means any order of a court of
competent jurisdiction for that requires the obligor to the
payment of support, whether or not for a sum certain, and
requires the obligor to keep the child advocate office informed
of the name and address of the obligor's current employer,
whether the obligor has access to employer related health
insurance coverage, and if so, the health insurance policy
information.
ARTICLE 5. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS
AND VISITATION.
§48A-5-5. Enforcement of support orders by contempt
proceedings; penalties.
(a)(1) In addition to or in lieu of the other remedies
provided by this article for the enforcement of support orders,the office of the childrens' advocate may commence a civil or
criminal contempt proceeding in accordance with the provisions of
section twenty-two, article two, chapter forty-eight of this code
against an obligor who is alleged to have willfully failed or
refused to comply with the order of a court of competent
jurisdiction requiring the payment of support. Such proceeding
shall be instituted by filing with the circuit court a petition
for an order to show cause why the obligor should not be held in
contempt: Provided, That no obligor may be held in contempt who
lacks the ability to pay support. For the purposes of this
section an obligor shall be found to lack the ability to pay only
when his or her total income is exempt from attachment or income
withholding as provided by state or federal law. No obligor who
is willfully unemployed or underemployed may be found to lack the
ability to pay.
(2) If the court finds that the obligor willfully failed or
refused to comply with an order requiring the payment of support,
the court shall find the obligor in contempt and may do one or
more of the following:
(A) Require additional terms and conditions consistent with
the court's support order.
(B) After notice to both parties and a hearing, if requested
by a party, on any proposed modification of the order, modify the
order in the same manner and under the same requirements as an
order requiring the payment of support may be modified under the
provisions of subsection (d), section fifteen, article two,chapter forty-eight of this code. A modification sought by an
obligor, if otherwise justified, shall not be denied solely
because the obligor is found to be in contempt.
(C) Order that all accrued support and interest thereon be
paid under such terms and conditions as the court, in its
discretion, may deem proper.
(D) If appropriate under the provisions of section twenty-
two, article two, chapter forty-eight of this code:
(i) Commit the contemnor to the county jail; or
(ii) Commit the contemnor to the county jail with the
privilege of leaving the jail, during such hours as the court
determines and under such supervision as the court considers
necessary, for the purpose of allowing the contemnor to go to and
return from his or her place of employment.
(3) A commitment under paragraph (D), subdivision (2) of
this subsection shall not exceed forty-five days for the first
adjudication of contempt or ninety days for any subsequent
adjudication of contempt.
(4) An obligor committed under paragraph (D), subdivision
(2) of this subsection shall be released if the court has
reasonable cause to believe that the obligor will comply with the
court's orders.
(5) If an obligor is committed to jail under the provisions
of subparagraph (ii), paragraph (D), subdivision (2) of this
subsection and violates the conditions of the court, the court
may commit the person to the county jail without the privilegeprovided under said subparagraph (ii) for the balance of the
period of commitment imposed by the court.
(6) If a person is committed to jail under the provisions of
subparagraph (ii), paragraph (D), subdivision (2) of this
subsection and willfully fails to return to the place of
confinement within the time prescribed, such person shall be
considered to have escaped from custody and shall be guilty of a
misdemeanor, punishable by imprisonment for not more than one
year.
§48A-5-9. Child and spousal support arrearages - denial or
suspension of license or certificate.
(a) Upon notification by the director of the child advocate
office that an applicant for a professional license or
certificate, or applicant for renewal of a professional license
or certificate is thirty days delinquent in the payment of child
or spousal support, the licensing authority shall, within ten
days from receipt of the notification, provide notice of denial
of license or certificate, or denial of renewal of license or
certificate to the applicant. Within thirty days of receipt of
notification of denial the applicant may file a petition
contesting the denial. The applicant shall serve one copy of the
petition to the children's advocate and licensing authority,
along with any notice of hearing. The applicant shall file his
or her petition in the county where the support order was entered
and the family law master shall hear the contest of the denial.
(b) Upon notification by the director of the child advocateoffice that a holder of a professional license or certificate is
thirty days delinquent in the payment of child or spousal
support, the licensing authority shall, within ten days from
receipt of the notification, provide notice of suspension of
license or certificate to the holder. Within thirty days of
receipt of notification of suspension the holder may file a
petition contesting the suspension. The holder may contest the
suspension for a mistake of fact only. The holder shall serve
one copy of the petition to the children's advocate and licensing
authority, along with any notice of hearing. The holder shall
file his or her petition in the county where the support order
was entered and the family law master shall hear the contest of
denial.
(c) For the purposes of this section a mistake of fact
exists only when there is an error in the amount of support
arrearages.
(d) The suspension of a professional license or certificate
may be lifted only upon the payment in full of all support
arrearages owed or upon the demonstration of a mistake of fact
sufficient to eliminate all claimed support arrearages.
NOTE: The purpose of this bill is to bring the Child
Advocate Office into compliance with federal regulations and to
provide child support for persons beyond the age of eighteen who
have not graduated high school; to mandate the commissioner of
insurance to enforce certain provisions; to clarify enforcement
powers and duties of children's advocates; to provide that
obligors may not be held in contempt who lack the ability to pay
support, defines ability to pay; provides for the denial orsuspension of professional licenses or certificates; defines good
cause; and redefines certain terms.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§48A-5-9 is new; therefore, strike-throughs and underscoring
have been omitted.
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