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Introduced Version Senate Bill 365 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 365

(By Senators Chafin, Sprouse, Kimble, Bailey, Snyder and Wiedebusch)

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[Introduced March 18, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article one-b, 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 sixteen, relating to providing for the creation of a trust fund for child support payments above one thousand five hundred dollars per month per child to be distributed to the child when he or she attains the age of eighteen.

Be it enacted by the Legislature of West Virginia:
That article one-b, 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 sixteen, to read as follows:
ARTICLE 1B. GUIDELINES FOR CHILD SUPPORT AWARDS.
§48A-1B-16. Mandatory trust for child support payments above one thousand five hundred dollars.
Unless otherwise agreed by the parties, in any case where child support payments exceed one thousand five hundred dollars per month per child, a trust shall be created and maintained to receive the excess payments. The trustee shall provide a written accounting on a quarterly basis to both the custodial parent and the noncustodial parent. Unless any funds in the trust are necessary toward the support and maintenance of the child before the child reaches the age of eighteen, the child shall receive the entirety of the trust upon reaching his or her eighteenth birthday. Otherwise, he or she shall receive the entirety of the remainder of the trust: Provided, That nothing contained in this section may be construed to prohibit the payment of costs, fees or charges associated with medical needs, special education needs or physical or mental rehabilitative or counseling needs recommended by a qualified physician, counselor or special education specialist in the event no other funding source is available or accessible for the payment thereof.

NOTE: The purpose of this bill is to provide a trust fund be created for child support payments above $1,500 per month per child to be held until the child reaches eighteen, at which time the money is distributed to the child.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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