H.
B.
4424
(By Delegates Brown, Sorah and Pino)
[Introduced February 10, 1994 ; referred to the
Committee on the Judiciary.]
A BILL to amend article five, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating generally to the enforcement of family obligations; and the denial or suspension of professional licenses or certificates when the holder is delinquent in court ordered support payments.
Be it enacted by the Legislature of West Virginia:
That article five, chapter forty-eight-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section ten, to read as follows:
ARTICLE 5.
REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS
AND VISITATION.
§
48A-5-10. Child and spousal support arrearages, denial or
suspension of license or certificate.
(a) The director of the child advocate office shall enter into agreements with the various professional licensing and certification boards to effectuate the provisions of this section.
(b)
Applicants
. -- Upon notification by the director of the child advocate office that an applicant for a professional license or certificate is one thousand dollars or thirty days delinquent in the payment of child or spousal support, whichever occurs first, the licensing authority shall, within ten days from receipt of the notification, provide notice of the denial of the license or certificate to the applicant. Within thirty days of receipt of the notification of the denial the applicant may file a petition contesting the denial. A denial based on the provisions of this section shall be contested only for financial hardship or mistake of fact. The applicant must serve one copy of the petition and the notice of hearing, if any, to the children's advocate and the licensing authority. The applicant's petition must be filed in the county where the support order was entered, and must be heard by the family law master.
(c)
Holders
.
-- Upon notification by the director of the child advocate office that a holder of a professional license or certificate is one thousand dollars or thirty days delinquent in the payment of child or spousal support, whichever occurs first, 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 the receipt of notification of suspension, the holder may file a petition contesting the suspension. A suspension based on the provisions of this section shall be contested only for financial hardship or mistake of fact. The holder must serve one copy of the petition and the notice of hearing, if any, to the children's advocate and the licensing authority. The holder's petition must be filed in the county where the support order was entered, and must be heard by the family law master. The suspension of a professional license or certificate under the provisions of this section precludes the renewal of that license or certificate during the period of suspension.
(d) For purposes of this section: (1) A financial hardship exists only when the obligor lacked reasonable opportunity to pay due to a physical handicap that interfered with the obligor's ability to earn income; and (2) a mistake of fact exists only when there is an error in the amount of support arrearages.
(e) The denial of application or 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 financial hardship or mistake of fact sufficient to eliminate all claimed support arrearages.
NOTE: The purpose of this bill is to provide for the denial or suspension of a professional license or certificate to persons delinquent in their court ordered child or spousal support payments.
This section is new; therefore, strike-throughs and underscoring have been omitted.
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