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Enrolled Version - Final Version Senate Bill 752 History

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Key: Green = existing Code. Red = new code to be enacted
ENROLLED

Senate Bill No. 752

(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Kessler,

Oliverio, Ross, Schoonover, Snyder, White, Deem and Kimble)


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[Passed March 14, 1998; in effect ninety days from passage.]

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AN ACT to amend and reenact section five, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections fifteen and fifteen-a, article two, chapter forty-eight of said code; to further amend said article by adding thereto a new section, designated section ten-c; to amend and reenact section thirty, article one-a, chapter forty-eight-a of said code; to amend and reenact section nine, article one-b of said chapter; to amend and reenact sections twenty-two, twenty- four, thirty-one, thirty-two, thirty-three, thirty-three-a, thirty-four, thirty-five, forty and forty-one, article two of said chapter; to further amend said article by adding thereto two new sections, designated sections twenty-four-a and forty- three; to amend and reenact sections one, two, three, four and five, article five of said chapter; to further amend said article by adding thereto two new sections, designated sections four-a and seven; to amend and reenact sections one and four, article six of said chapter; and to amend and reenact section twelve, article one, chapter fifty-seven of said code, all relating to child support and authorizing the state registrar of vital statistics to offer voluntary paternity establishment services; providing for parent education classes for parents of minor children when the parents are involved in actions for divorce, paternity, custody or separate maintenance; authorizing the child support enforcement division to file a motion for modification of a child support order; transferring health care coverage for a child to a health plan offered by the obligated parent's new employer; defining "support order"; establishing who may use and what information may be requested from the state and federal parent locator services; establishing the time for disbursement of child support collections; authorizing the child support enforcement division to redirect support payments administratively where someone other than the custodial parent has physical custody; specifying the conditions under which the child support enforcement division may obtain consumer credit reports; providing for submission of information by parties to support proceedings to the state case registry; allowing enforcement of subpoenas issued by out-of-state agencies administering certain programs for child support enforcement; providing for development of a data match system with financial institutions for obtaining information regarding obligor depositors and for immunity from liability for financial institutions supplying such information; reporting of information regarding employment and income by an employer and specifying who has access to such information; providing for an administrative review and adjustment of child support orders which differ from the child support guidelines; prohibiting the release of information on the whereabouts of a protected party or child; providing the child support enforcement division and certain out-of-state agencies access to records of public and private entities for purposes of child support enforcement; recording social security numbers in certain family matters; providing procedures for administrative enforcement of child support orders through writs of execution, suggestions or suggestee executions on personal property; withholding from income of amounts payable as support; creating liens against real property for overdue child support; providing for release of real property liens upon satisfaction of the overdue support obligation; providing procedures for enforcing liens on real property for overdue child support; authorizing the circuit court to order one found in contempt for violating a child support order to work or to pay support in accordance with a plan approved by the child support enforcement division; authorizing the child support enforcement division to increase monthly support payments to secure overdue child support; restating that there is no right to trial by jury in a paternity proceeding; issuing temporary child support in paternity actions in cases of clear and convincing evidence of paternity; providing for admission into evidence of bills for testing as prima facie evidence in a paternity case without third-party testimony; and requiring full faith and credit be given to records and proceedings in other jurisdictions in conformity with federal law.

Be it enacted by the Legislature of West Virginia:
That section five, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections fifteen and fifteen-a, article two, chapter forty-eight of said code be amended and reenacted; that said article be further amended by adding thereto a new section, designated section ten-c; that section thirty, article one-a, chapter forty-eight-a of said code be amended and reenacted; that section nine, article one-b of said chapter be amended and reenacted; that sections twenty-two, twenty-four, thirty-one, thirty-two, thirty-three, thirty-three-a, thirty-four, thirty-five, forty and forty-one, article two of said chapter be amended and reenacted; that said article be further amended by adding thereto two new sections, designated sections twenty-four-a and forty-three; that sections one, two, three, four and five, article five of said chapter be amended and reenacted; that said article be further amended by adding thereto two new sections, designated sections four-a and seven; that sections one and four, article six of said chapter be amended and reenacted; and that section twelve, article one, chapter fifty-seven of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 5. VITAL STATISTICS.

§16-5-5. Duties of state registrar of vital statistics; enforcement of article.

(a) The state registrar of vital statistics shall:
(1) Administer and enforce the provisions of this article and all other applicable laws of this state and all lawful rules and regulations adopted and promulgated thereunder;
(2) Direct and supervise the statewide system of vital statistics and the operation of the division of vital statistics, and act as custodian of its records;
(3) Direct, supervise and control the activities of local registrars and the activities of public officers in relation to the operation of the vital statistics system and provide them with the postage necessary for them to carry out their duties under this article;
(4) Prescribe, provide and distribute, subject to the rules and regulations promulgated by the board of health, all forms necessary to carry out the provisions of this article and of the rules and regulations adopted and promulgated thereunder;
(5) Prepare and publish annual reports of vital statistics of this state, and such other reports as may be required by the director of the state health department; and
(6) Offer voluntary paternity establishment services.
(b) The state registrar of vital statistics may delegate such functions and duties as are hereby vested in him or her to officers and employees of the division of vital statistics and to local registrars as the state registrar may deem necessary or expedient.
(c) The state registrar, either personally or by a duly delegated representative, shall have authority to investigate cases of irregularity or violation of law arising under the provisions of this article, and all local registrars, deputy local registrars and subregistrars shall aid him or her, upon request, in such investigations. When he or she shall deem it necessary, he or she shall report cases of violation of any of the provisions of this article to the prosecuting attorney of the county, with a statement of the facts and circumstances. When any such case is reported to him or her by the state registrar, the prosecuting attorney shall forthwith initiate and promptly prosecute the necessary court proceedings against the person or corporation responsible for the alleged violation of law. Upon request of the state registrar, the attorney general shall assist in the enforcement of the provisions of this article.
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.

§48-2-10c. Parent education classes.

(a) A circuit court, or a judge thereof, may, by administrative rule or order, and with the approval of the supreme court of appeals, designate an organization or agency to establish and operate education programs designed for parents who have filed an action for divorce, paternity, support or separate maintenance and who have minor children. The education programs shall be designed to instruct and educate parents about the effects of divorce and custody disputes on their children and to teach parents ways to help their children and minimize their trauma.
(b) The circuit court may issue an order requiring parties to an action for divorce, paternity, custody or separate maintenance to attend parental education classes established pursuant to subsection (a) of this section and may, by order, establish sanctions for failure to attend.
(c) The circuit court may require that each person attending a parental education class pay a fee, not to exceed twenty-five dollars, to the clerk of such court to defray the cost of materials and of hiring teachers: Provided, That where it is determined that a party is indigent and unable to pay for such classes, the court shall waive the payment of the fee for such party. The clerk of the circuit court shall, on or before the tenth day of each month, transmit all fees collected under this subsection to the state treasurer for deposit in the state treasury to the credit of special revenue fund to be known as the "parental education fund", which is hereby created. All moneys collected and received under this subsection and paid into the state treasury and credited to the "parental education fund" shall be used by the administrative office of the supreme court of appeals solely for reimbursing the provider of parental education classes for the costs of materials and of providing such classes. Such moneys shall not be treated by the auditor and treasurer as part of the general revenue of the state.
(d) The administrative office of the supreme court of appeals shall submit a report to the joint committee on government and finance summarizing the effectiveness of any program of parent education no later than two years from the initiation of the program.
§48-2-15. Relief upon ordering divorce or annulment or granting decree of separate maintenance.

(a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay alimony in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party. Payments of alimony are to be ordinarily made from a party's income, but when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate. An award of alimony shall not be disproportionate to a party's ability to pay as disclosed by the evidence before the court.
(b) Upon ordering the annulment of a marriage or a divorce or granting of decree of separate maintenance, the court may further order all or any part of the following relief:
(1) The court may provide for the custody of minor children of the parties, subject to such rights of visitation, both in and out of the residence of the custodial parent or other person or persons having custody, as may be appropriate under the circumstances. In every action where visitation is awarded, the court shall specify a schedule for visitation by the noncustodial parent: Provided, That with respect to any existing order which provided for visitation but which does not provide a specific schedule for visitation by the noncustodial parent, upon motion of any party, notice of hearing and hearing, the court shall issue an order which provides a specific schedule of visitation by the noncustodial parent;
(2) When the action involves a minor child or children, the court shall require either party to pay child support in the form of periodic installments for the maintenance of the minor children of the parties in accordance with support guidelines promulgated pursuant to article one-b, chapter forty-eight-a of this code. Payments of child support are to be ordinarily made from a party's income, but in cases when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate;
(3) When the action involves a minor child or children, the court shall provide for medical support for any minor children in accordance with section fifteen-a of this article;
(4) As an incident to requiring the payment of alimony or child support, the court may order either party to continue in effect existing policies of insurance covering the costs of health care and hospitalization of the other party: Provided, That if the other party is no longer eligible to be covered by such insurance because of the granting of an annulment or divorce, the court may require a party to substitute such insurance with a new policy to cover the other party or may consider the prospective cost of such insurance in awarding alimony to be paid in periodic installments. Payments made to an insurer pursuant to this subdivision, either directly or by a deduction from wages, shall be deemed to be alimony or installment payments for the distribution of marital property, in such proportion as the court shall direct: Provided, however, That if the court does not set forth in the order that a portion of such payments is to be deemed installment payments for the distribution of marital property, then all such payments made pursuant to this subdivision shall be deemed to be alimony: Provided further, That the designation of insurance coverage as alimony under the provisions of this subdivision shall not, in and of itself, give rise to a subsequent modification of the order to provide for alimony other than insurance for covering the costs of health care and hospitalization;
(5) The court may grant the exclusive use and occupancy of the marital home to one of the parties, together with all or a portion of the household goods, furniture and furnishings reasonably necessary for such use and occupancy. Such use and occupancy shall be for a definite period, ending at a specific time set forth in the order, subject to modification upon the petition of either party. Except in extraordinary cases supported by specific findings set forth in the order granting relief, a grant of the exclusive use and occupancy of the marital home shall be limited to those situations when such use and occupancy is reasonably necessary to accommodate the rearing of minor children of the parties. The court may require payments to third parties in the form of home loan installments, land contract payments, rent, property taxes and insurance coverage if the amount of such coverage is reduced to a fixed monetary amount set forth in the court's order. When such third party payments are ordered, the court shall specify whether such payments or portions of payments are alimony, child support, a partial distribution of marital property or an allocation of marital debt: Provided, That if the court does not set forth in the order that a portion of such payments is to be deemed child support or installment payments for the distribution of marital property, then all such payments made pursuant to this subdivision shall be deemed to be alimony. When such third party payments are ordered, the court shall specify whether such payments or portions of payments are alimony, child support, a partial distribution of marital property or an allocation of marital debt. If the payments are not designated in an order and the parties have waived any right to receive alimony, the court may designate the payments upon motion by any party. Nothing contained in this subdivision shall abrogate an existing contract between either of the parties and a third party or affect the rights and liabilities of either party or a third party under the terms of such contract;
(6) As an incident to requiring the payment of alimony, the court may grant the exclusive use and possession of one or more motor vehicles to either of the parties. The court may require payments to third parties in the form of automobile loan installments or insurance coverage if available at reasonable rates, and any such payments made pursuant to this subdivision for the benefit of the other party shall be deemed to be alimony or installment payments for the distribution of marital property, as the court may direct. Nothing contained in this subdivision shall abrogate an existing contract between either of the parties and a third party or affect the rights and liabilities of either party or a third party under the terms of such contract;
(7) When the pleadings include a specific request for specific property or raise issues concerning the equitable division of marital property as defined in section one of this article, the court shall order such relief as may be required to effect a just and equitable distribution of the property and to protect the equitable interests of the parties therein;
(8) Unless a contrary disposition is ordered pursuant to other provisions of this section, then upon the motion of either party, the court may compel the other party to deliver to the moving party any of his or her separate estate which may be in the possession or control of the respondent party and may make such further order as is necessary to prevent either party from interfering with the separate estate of the other;
(9) When allegations of abuse have been proven, the court shall enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other or interfering with the custodial or visitation rights of the other. Such order may permanently enjoin the offending party from entering the school, business or place of employment of the other for the purpose of molesting or harassing the other; or from contacting the other, in person or by telephone, for the purpose of harassment or threats; or from harassing or verbally abusing the other in a public place;
(10) The court may order either party to take necessary steps to transfer utility accounts and other accounts for recurring expenses from the name of one party into the name of the other party or from the joint names of the parties into the name of one party. Nothing contained in this subdivision shall affect the liability of the parties for indebtedness on any such account incurred before the transfer of such account.
(c) When an annulment or divorce is denied, the court shall retain jurisdiction of the case and may order all or any portion of the relief provided for in subsections (a) and (b) of this section which has been demanded or prayed for in the pleadings.
(d) When a divorce or annulment is granted in this state upon constructive service of process and personal jurisdiction is thereafter obtained of the defendant in such case, the court may order all or any portion of the relief provided for in subsections (a) and (b) of this section which has been demanded or prayed for in the pleadings.
(e) After the entry of an order pursuant to the provisions of this section, the court may revise the order concerning the maintenance of the parties and enter a new order concerning the same, as the circumstances of the parties may require.
The court may also from time to time afterward, upon motion of either of the parties and upon proper service, revise such order to grant relief pursuant to subdivision (9), subsection (b) of this section, and enter a new order concerning the same, as the circumstances of the parties and the benefit of children may require. The court may also from time to time afterward, upon the motion of either of the parties or other proper person having actual or legal custody of the minor child or children of the parties, revise or alter the order concerning the custody and support of the children, and make a new order concerning the same, issuing it forthwith, as the circumstances of the parents or other proper person or persons and the benefit of the children may require: Provided, That all orders modifying child support shall be in conformance with the requirements of support guidelines promulgated pursuant to article one-b, chapter forty-eight-a of this code: Provided, however, That an order providing for child support payments may be revised or altered for the reason, inter alia, that the existing order provides for child support payments in an amount that is less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required to be paid under the child support guidelines promulgated pursuant to the provisions of said section: Provided further, That the child support enforcement division may review a child support order and, if appropriate, file a motion with the circuit court for modification of the child support order pursuant to the provisions of section thirty-five, article two, chapter forty-eight-a of this code.
In granting relief under this subsection, the court may, when other means are not conveniently available, alter any prior order of the court with respect to the distribution of marital property, if such property is still held by the parties, and if necessary to give effect to a modification of alimony, child support or child custody or necessary to avoid an inequitable or unjust result which would be caused by the manner in which the modification will affect the prior distribution of marital property.
(f) When a separation agreement is the basis for an award of alimony, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for alimony to continue beyond the death of the payor party or to cease in such event. When alimony is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of alimony is to continue beyond the death of the payor party or is to cease, or when the parties have not entered into a separation agreement and alimony is to be awarded, the court shall specifically state as a part of its order whether such payments of alimony are to be continued beyond the death of the payor party or cease.
(g) When a separation agreement is the basis for an award of alimony, the court, in approving the agreement, shall examine the agreement to ascertain whether it clearly provides for alimony to continue beyond the remarriage of the payee party or to cease in such event. When alimony is to be paid pursuant to the terms of a separation agreement which does not state whether the payment of alimony is to continue beyond the remarriage of the payee party or is to cease, or when the parties have not entered into a separation agreement and alimony is to be awarded, the court shall specifically state as a part of its order whether such payments of alimony are to be continued beyond the remarriage of the payee party or cease.
(h) In addition to the disclosure requirements set forth in section thirty-three of this article, the court may order accounts to be taken as to all or any part of marital property or the separate estates of the parties and may direct that the accounts be taken as of the date of the marriage, the date upon which the parties separated or any other time in assisting the court in the determination and equitable division of property.
(i) In determining whether alimony is to be awarded, or in determining the amount of alimony, if any, to be awarded under the provisions of this section, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of such fault or misconduct as a contributing factor to the deterioration of the marital relationship. However, alimony shall not be awarded when both parties prove grounds for divorce and are denied a divorce, nor shall an award of alimony under the provisions of this section be ordered which directs the payment of alimony to a party determined to be at fault, when, as a grounds granting the divorce, such party is determined by the court:
(1) To have committed adultery; or
(2) To have been convicted for the commission of a crime which is a felony, subsequent to the marriage if such conviction has become final; or
(3) To have actually abandoned or deserted his or her spouse for six months.
(j) Whenever under the terms of this section or section thirteen of this article a court enters an order requiring the payment of alimony or child support, if the court anticipates the payment of such alimony or child support or any portion thereof to be paid out of "disposable retired or retainer pay" as that term is defined in 10 U.S.C. §1408, relating to members or former members of the uniformed services of the United States, the court shall specifically provide for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of the payor party to the payee party.
(k) Any order which provides for the custody or support of a minor child shall include:
(1) The name of the custodian;
(2) The amount of the support payments;
(3) The date the first payment is due;
(4) The frequency of the support payments;
(5) The event or events which trigger termination of the support obligation;
(6) A provision regarding wage withholding;
(7) The address where payments shall be sent;
(8) A provision for medical support; and
(9) When child support guidelines are not followed, a specific written finding pursuant to section fourteen, article one-b, chapter forty-eight-a of this code.
(l) (1) Unless the best interests of the child require otherwise, every final order and every modification order which provides for the custody of a minor child of the parties shall also provide for the following:
(A) The custodial parent shall be required to authorize school authorities in the school in which the child is enrolled to release to the noncustodial parent copies of any and all information concerning the child which would otherwise be properly released to the custodial parent;
(B) The custodial parent shall be required, promptly after receipt, to transmit to the noncustodial parent a copy of the child's grades or report card and copies of any other reports reflecting the status or progress of the child;
(C) The custodial parent shall be required, when practicable, to arrange appointments for parent-teacher conferences at a time when the noncustodial parent can be present;
(D) The custodial parent shall be required to authorize medical providers to release to the noncustodial parent copies of any and all information concerning medical care provided to the child which would otherwise be properly released to the custodial parent;
(E) The custodial parent shall be required to promptly inform the noncustodial parent of any illness of the child which requires medical attention; or, if the child is in the actual physical custody of the noncustodial parent during a period of visitation, the noncustodial parent shall be required to promptly inform the custodial parent of any illness of the child which requires medical attention;
(F) The custodial parent shall be required to consult with the noncustodial parent prior to any elective surgery being performed on the child; and in the event emergency medical procedures are undertaken for the child which require the parental consent of either parent, if time permits, the other parent shall be consulted, or if time does not permit such consultation, the other parent shall be promptly informed of such emergency medical procedures: Provided, That the same duty to inform the custodial parent applies to the noncustodial parent in the event that the emergency medical procedures are required while the child is in the physical custody of the noncustodial parent during a period of visitation: Provided, however, That nothing contained herein shall be deemed to alter or amend the law of this state as it otherwise pertains to physicians or health care facilities obtaining parental consent prior to providing medical care or performing medical procedures.
(2) In the event a custodial parent shall fail or refuse to authorize the release of school or medical records as provided for by subdivision (1) of this subsection, then upon the ex parte application of the noncustodial parent, the family law master shall prepare an order for entry by the circuit court which appoints the family law master as a special commissioner authorized to execute a consent for the release of such records and direct it to the appropriate school authorities or medical providers.
§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, group health plan, as defined in 29 U.S.C. §1167, Section 607(1) of the Employee Retirement Income Security Act of 1974 or other entity which provides insurance coverage or offers a service benefit plan.
(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. In any temporary or final order establishing an award of child support or any temporary or final order modifying a prior order establishing an award of child support, the court shall order one or more of the following:
(1) The court shall 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 to either 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.
(5) The order shall require the obligor to continue to provide the child support enforcement division created by article two, chapter forty-eight-a of this code with information as to his or her employer's name and address and information as to the availability of employer-related insurance programs providing medical care coverage so long as the child continues to be eligible to receive support.
(c) The cost of insurance coverage shall be considered by the court in applying the child support guidelines provided for in article one-b, 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 insurance coverage 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 by mail 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 same plan as 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 (k) of this section.
(h) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required:
(1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;
(2) If the parent is enrolled but fails to make application to obtain coverage of the child, to enroll the child under family coverage upon application by the child's other parent, by the state agency administering the medicaid program or by the child support enforcement division;
(3) Not to disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect;
(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or
(C) The employer has eliminated family health coverage for all of its employees;
(4) To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer: Provided, That the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C. §1673, Section 303(b) of the Consumer Credit Protection Act.
(i) (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 child or the obligated parent who submits copies of medical bills for the child with proof of payment.
(4) All insurers in this state shall comply with the provisions of section sixteen, article fifteen, chapter thirty- three of this code and section eleven, article sixteen of said chapter and 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.
(j) Where an obligated parent changes employment, and the new employer provides the obligated parent's health care coverage, the child support enforcement division shall transfer to the new employer notice of the obligated parent's duty to provide health care coverage. Unless contested by the obligated parent in writing and in accordance with section eight, article five, chapter forty- eight-a of this code, the notice shall operate to enroll the child in the new employer's health care plan.
(k) 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 in addition to complying with the requirements of article sixteen-a, chapter thirty-three of this code, 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.
(l) 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.
(m) 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;
(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;
(4) In addition to other remedies available under law, the child support enforcement division may garnish the wages, salary or other employment income of, and withhold amounts from state tax refunds to any person who:
(A) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under medicaid; and
(B) Has received payment from a third party for the costs of such services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services, to the extent necessary to reimburse the state medicaid agency for its costs: Provided, That claims for current and past due child support shall take priority over these claims.
(n) 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 1A. DEFINITIONS.
§48A-1A-30. Support order.
(a) For cases being enforced pursuant to Title IV-D of the Social Security Act, "support order" means a judgment, decree or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearage or reimbursements, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
(b) For all other cases, "support order" means an order as defined in subsection (a) of this section and, in addition, an order for the support and maintenance of a spouse or former spouse.
ARTICLE 1B. GUIDELINES FOR CHILD SUPPORT AWARDS.

§48A-1B-9. Adjustment for obligor's social security benefits sent directly to the child; receipt by child of supplemental security income.

(a) If a proportion of the obligor's social security benefit is paid directly to the custodian of his or her dependents who are the subject of the child support order, the following adjustment shall be made. The total amount of the social security benefit which includes the amounts paid to the obligor and the obligee shall be counted as gross income to the obligor. In turn, the child support order will be calculated as described in section six of this article. To arrive at the final child support amount, however, the amount of the social security benefits sent directly to the child's household will be subtracted from the child support order. If the child support order amount results in a negative amount it shall be set at zero.
(b) If a child is a recipient of disability payments as supplemental security income for aged, blind and disabled, under the provisions of 42 U.S.C. §1382, et seq., and if support furnished by an obligor would be considered unearned income that renders the child ineligible for disability payments or medical benefits, no child support order shall be entered for that child. If a support order is entered for the child's siblings or other persons in the household, the child shall be excluded from the calculation of support, and the amount of support for the child shall be set at zero.
ARTICLE 2. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION; CHILD SUPPORT ENFORCEMENT DIVISION; ESTABLISHMENT AND ORGANIZATION.

§48A-2-22. Establishment of parent locator service.

(a) The child support enforcement division shall establish a parent locator service to locate individuals for the purposes of establishing parentage and of establishing, modifying or enforcing child support obligations, utilizing all sources of information and available records and the parent locator service in the federal department of health and human services. For purposes of obtaining information from the parent locator service, any person, agency or entity providing services to the child support enforcement division pursuant to a contract that includes a provision to ensure that the confidentiality of information is maintained shall be deemed to be an agent of the child support enforcement division.
(b) Upon entering into an agreement with the secretary of the federal department of health and human services for the use of that department's parent locator service, the child support enforcement division shall accept and transmit to the secretary of the federal department of health and human services requests from authorized persons for information with regard to the whereabouts of a noncustodial obligor to be furnished by such federal parent locator service. For purposes of this subsection, "authorized persons" means: (1) An attorney or agent of the child support enforcement division; (2) a family law master or circuit judge or any agent thereof; or (3) a resident parent, legal guardian, attorney or agent for a child. The child support enforcement division shall charge a reasonable fee sufficient to cover the costs to the state and to the federal department of health and human services incurred by reason of such requests, and shall transfer to that department from time to time, so much of the fees collected as are attributable to the costs incurred by that department.
(c) The information obtained by the child support enforcement division from the federal parent locator service shall be used for, but not limited to, the following purposes:
(1) Establishing parentage and establishing, setting the amount of, modifying or enforcing child support obligations;
(2) Obtaining and transmitting information to any family law master or circuit court or agent thereof or to an attorney or employee of the United States or of any state responsible for enforcing any federal or state law with respect to the unlawful taking or restraint of a child or making or enforcing a child custody or visitation determination.
(d) The child support enforcement division may request from the federal parent locator service information:
(1) About, or which will facilitate the discovery of information about, the location of any individual: (A) Who is under an obligation to pay child support; (B) against whom such an obligation is sought; or (C) to whom such an obligation is owed, including the individual's social security number, or numbers, most recent address, and the name, address and employer identification number of the individual's employer;
(2) Concerning the individual's wages or other income from, and benefits of, employment, including rights to or enrollment in group health care coverage; and
(3) Concerning the type, status, location and amount of any assets of, or debts owed by or to, any such individual.
(e) A circuit court shall have jurisdiction to hear and determine, upon a petition by an authorized person, as defined in subsection (b) of this section, whether the release of information from the federal parent locator service to that person could be harmful to the custodial parent or the child.
§48A-2-24. Disbursements of amounts collected as support.
(a) Amounts collected as child or spousal support by the child support enforcement division shall be distributed within two business days after receipt from the employer or other source of periodic income. Such amounts shall, except as otherwise provided under the provisions of subsection (c) of this section, be distributed as follows:
(1) Any amounts which are collected periodically which represent monthly support payments shall be paid by the child support enforcement division to the appropriate administrative unit of the department of health and human resources to reimburse it for assistance payments to the family during that period (with appropriate reimbursement of the federal government to the extent of its participation in the financing);
(2) Amounts in excess of amounts required to reimburse the department of health and human resources under subdivision (1) of this subsection and not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the obligee; and
(3) Amounts in excess of amounts required to be distributed under subdivisions (1) and (2) of this subsection shall be: (A) Paid by the child support enforcement division to the appropriate administrative unit of the department of health and human resources (with appropriate reimbursement of the federal government to the extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the department has not been reimbursed; or (B) if no assistance payments have been made by the department which have not been repaid, such amounts shall be paid to the obligee.
(b) (1) Whenever a family for whom support payments have been collected and distributed under the provisions of this chapter ceases to receive assistance from the department of health and human resources, the child support enforcement division shall provide notice to the family of their rights with regard to a continuation of services. Unless notified by the family that services are no longer desired, the child support enforcement division shall continue to collect amounts of support payments which represent monthly support payments from the obligor and pay any amount so collected, which represents monthly support payments, to the family (without requiring any formal reapplication and without the imposition of any application fee) on the same basis as in the case of other obligees who are not receiving assistance from the department of health and human resources.
(2) So much of any amounts of support so collected shall be paid, first, to the obligee until all past due support owed to the family by the obligor has been paid. After all arrearages owing to the family have been paid, any amounts of support collected which are in excess of the required support payments shall be distributed in the manner provided by paragraphs (A) and (B), subdivision (3), subsection (a) of this section with respect to excess amounts described in said subsection.
(c) Notwithstanding the preceding provisions of this section, amounts collected by the child support enforcement division as child support for months in any period on behalf of a child for whom the department of health and human resources is making foster care maintenance payments shall:
(1) Be paid by the child support enforcement division to the appropriate administrative unit of the department of health and human resources to the extent necessary to reimburse the department for foster care maintenance payments made with respect to the child during such period (with appropriate reimbursement of the federal government to the extent of its participation in financing);
(2) Be paid to the appropriate administrative unit of the department of health and human resources to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such period but do not exceed the amounts required by a court order to be paid as support on behalf of the child during such period; and the department of health and human resources may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child's future needs or making all or a part thereof available to the person responsible for meeting the child's day-to-day needs; and
(3) Be paid to the appropriate administrative unit of the department of health and human resources if any portion of the amounts collected remains after making the payments required under paragraphs (1) and (2) of this subsection, to the extent that such portion is necessary to reimburse the department of health and human resources (with appropriate reimbursement to the federal government to the extent of its participation in the financing), for any past foster care maintenance payments or payments of aid to families with dependent children or temporary assistance to needy families which were made with respect to the child (and with respect to which past collections have not previously been retained);
(d) The commission shall establish bonding requirements for employees of the child support enforcement division who receive, disburse, handle or have access to cash.
(e) The director shall maintain methods of administration which are designed to assure that employees of the child support enforcement division or any persons employed pursuant to a contract who are responsible for handling cash receipts do not participate in accounting or operating functions which would permit them to conceal in the accounting records the misuse of cash receipts: Provided, That the director may provide for exceptions to this requirement in the case of sparsely populated areas in this state where the hiring of unreasonable additional staff in the local office would otherwise be necessary.
(f) No penalty or fee may be collected by or distributed to a recipient of child support enforcement division services from the state treasury or from the child support enforcement fund when child support is not distributed to the recipient in accordance with the time frames established herein.
(g) For purposes of this section, "business day" means a day on which state offices are open for regular business.
§48A-2-24a. Amounts collected as support to be disbursed to person having custody; procedure for redirecting disbursement of payments where physical custody transferred to a person other than the custodial parent.

(a) Any payment required to be made under the provisions of section twenty-four of this article to a family shall be made to the resident parent, legal guardian or caretaker relative having custody of or responsibility for the child or children.
(b) Where physical custody of the child has been transferred from the custodial parent to another person, the child support enforcement division may redirect disbursement of support payments to such other person, on behalf of the child, in the following circumstances:
(1) Where the noncustodial parent has physical custody of the child, excluding visitation, upon filing with the child support enforcement division:
(A) An affidavit attesting that the noncustodial parent has obtained physical custody of the child, describing the circumstances under which the transfer of physical custody took place, and stating that he or she anticipates that his or her physical custody of the child will continue for the foreseeable future; and
(B) Documentary proof that the noncustodial parent has instituted proceedings in circuit court for a modification of legal custody.
(2) Where a person other than the custodial or noncustodial parent has physical custody of the child, excluding visitation, filing with the child support enforcement division:
(A) An affidavit attesting that the person has obtained physical custody of the child, describing the circumstances under which the transfer of physical custody took place, and stating that he or she anticipates that his or her physical custody of the child will continue for the foreseeable future; and
(B) Documentary proof that the person claiming physical custody is currently the person responsible for the child by producing at least one of the following:
(i) School records demonstrating that school authorities consider the person claiming physical custody the adult responsible for the child;
(ii) Medical records demonstrating that the person claiming physical custody is empowered to make medical decisions on behalf of the child;
(iii) Documents from another public assistance agency showing that the person claiming physical custody is currently receiving other public assistance on behalf of the child;
(iv) A notarized statement from the custodial parent attesting to the fact that he or she has transferred physical custody to the person;
(v) A verifiable order of a court of competent jurisdiction transferring physical or legal custody to the person;
(vi) Documentation that the person claiming physical custody has filed a petition in circuit court to be appointed the child's guardian;
(vii) Documentation that the child, if over the age of fourteen, has instituted proceedings in circuit court to have the person claiming physical custody nominated as his or her guardian; or
(viii) Any other official documents of a federal, state or local agency or governing body demonstrating that the person currently has physical custody of the child and has taken action indicating that he or she anticipates such physical custody to continue in the foreseeable future.
(c) The child support enforcement division shall mail, by first class mail, a copy of the affidavit and supporting documentary evidence required under subsection (b) of this section, to the circuit court which issued the support order being enforced by child support enforcement division and to the parties to the order, at their last known addresses, together with a written notice stating that any party has ten days to object to the redirection of support payments by filing an affidavit and evidence showing that the person seeking redirection of the payments does not have physical custody of the child. If no objection is received by the child support enforcement division by the end of the ten-day period, the division may order payments redirected to the person claiming physical custody for the benefit of the child. If a responsive affidavit and supporting evidence is filed within the ten-day period and, in the opinion of the child support enforcement division, either disproves the claim of the person seeking redirection of support payments or raises a genuine issue of fact as to whether the person has actual physical custody of the child, the child support enforcement division shall continue to forward support payments to the custodial parent. Any person who disagrees with the determination of the child support enforcement division may petition the circuit court for modification of the child support order.
(d) Any person who files a false affidavit pursuant to this section shall be guilty of false swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
§48A-2-31. Providing information to consumer reporting agencies; requesting consumer credit reports for child support purposes.

(a) For purposes of this section, the term "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(b) The commission shall propose and adopt a procedural rule in accordance with the provisions of sections four and eight, article three, chapter twenty-nine-a of this code, establishing procedures whereby information regarding the amount of overdue support owed by an obligor will be reported periodically by the child support enforcement division to any consumer reporting agency, after a request by the consumer reporting agency that it be provided with the periodic reports.
(1) The procedural rule adopted by the commission shall provide that any information with respect to an obligor shall be made available only after notice has been sent to the obligor of the proposed action, and such obligor has been given a reasonable opportunity to contest the accuracy of the information.
(2) The procedural rule adopted shall afford the obligor with procedural due process prior to making information available with respect to the obligor.
(c) The information made available to a consumer reporting agency regarding overdue support may only be made available to an entity that has furnished evidence satisfactory to the division that the entity is a consumer reporting agency as defined in subsection (a) of this section.
(d) The child support enforcement division may impose a fee for furnishing such information, not to exceed the actual cost thereof.
(e) The head of the child support enforcement division, or her or his designee, may request a consumer reporting agency to prepare and furnish to the child support enforcement division a consumer report for purposes relating to child support, by certifying to the consumer reporting agency that:
(1) The consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of such payments in order to set an initial or modified child support award;
(2) The paternity of the child of the individual has been established or acknowledged by the individual in accordance with state law;
(3) The individual whose report is being requested has been given at least ten days' prior notice of such request by certified mail to his or her last known address that such report is being requested; and
(4) The consumer report will be kept confidential, will be used solely for a purpose described in subdivision (1) of this subsection and will not be used in connection with any other civil, administrative or criminal proceeding or for any other purpose.
§48A-2-32. Central state case registry.
(a) The child support enforcement division shall establish and maintain a central state case registry of child support orders. All orders in cases when any party receives any service provided by the child support enforcement division shall be included in the registry. Any other support order entered or modified in this state on or after the first day of October, one thousand nine hundred ninety-eight, shall be included in the registry. The child support enforcement division, upon receipt of any information regarding a new hire provided pursuant to section thirty-four of this article shall compare information received to determine if the new hire's income is subject to wage withholding and notify the employer pursuant to that section.
(b) Each party to a child support proceeding shall, upon entry of an order awarding or modifying child support, complete and file with the clerk of the circuit court issuing the order a form, to be promulgated by the administrative office of the supreme court of appeals, listing information concerning the location and identity of a party including, but not limited to: The party's social security number, residential and mailing address, telephone number and driver's license number; the child's name, birth date and social security number; and the party's employer's name, address and telephone number. The clerk shall promptly forward all such information to the state case registry. The parties are required to notify the state case registry of any change in the information contained on the form, and every order for support shall so state. All information provided to the state case registry shall be subject to the privacy and confidentiality safeguards contained in section forty of this article.
(c) In any subsequent child support enforcement action between the parties, there shall be a presumption that the requirements for notice and service of process have been met upon a showing that the child support enforcement division has made a diligent effort to ascertain the location of a party by delivery of written notice by certified mail, return receipt requested, to the most recent employer or residential mailing address filed with the state case registry pursuant to subsection (b) of this section.
§48A-2-33. Subpoenas.
In order to obtain financial and medical insurance or other information pursuant to the establishment, enforcement and modification provisions set forth in this chapter or chapter forty-eight of this code, the child support enforcement division or any out-of-state agency administering a program under Title IV-D of the Social Security Act may serve, by certified mail or personal service, an administrative subpoena on any person, corporation, partnership, financial institution, labor organization or state agency, for an appearance or for production of financial or medical insurance or other information. In case of disobedience to the subpoena, the child support enforcement division may invoke the aid of any circuit court in requiring the appearance or production of records and financial documents. The child support enforcement division may assess a civil penalty of no more than one hundred dollars for the failure of any person, corporation, financial institution, labor organization or state agency to comply with requirements of this section.
§48A-2-33a. Liability for financial institutions providing financial records to the child support enforcement division; agreements for data match system; encumbrance or surrender of assets.

(a) Notwithstanding any other provision of this code, a financial institution shall not be liable under the law of this state to any person for:
(1) Disclosing any financial record of an individual to the child support enforcement division in response to a subpoena issued by the division pursuant to section thirty-three of this article;
(2) Disclosing any financial record of an individual to the child support enforcement division pursuant to the terms of an agreement with such financial institution pursuant to subsection (f) of this section;
(3) Encumbering or surrendering assets held by such financial institution in response to a notice of lien or levy issued by the child support enforcement division as provided in subsection (g) of this section; or
(4) For any other action taken in good faith to comply with the requirements of this section.
(b) The child support enforcement division, after obtaining a financial record of an individual from a financial institution, may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying or enforcing a child support obligation of such individual.
(c) The civil liability of a person who knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b) of this section is governed by the provisions of federal law as set forth in 42 U.S.C. §669A.
(d) For purposes of this section, the term "financial institution" means:
(1) Any bank or savings association;
(2) A person who is an institution-affiliated party, as that term is defined in the Federal Deposit Insurance Act, 12 U.S.C. §1813(u);
(3) Any federal credit union or state-chartered credit union, including an institution-affiliated party of a credit union; and
(4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in this state.
(e) For purposes of this section, the term "financial record" means an original of, a copy of, or information known to have been derived from, any record held by a financial institution pertaining to a customer's relationship with the financial institution.
(f) Notwithstanding any provision of this code to the contrary, the child support enforcement division shall enter into agreements with financial institutions doing business in the state to develop and operate, in coordination with such financial institutions, a data match system, using automated data exchanges, to the maximum extent feasible, in which each financial institution is required to provide for each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information for each obligor, as defined in section twenty-three, article one-a of this chapter, who maintains an account at such institution and who owes past due support. The child support enforcement division will identify to the financial institution an obligor who owes past due support by his or her name and social security number or other taxpayer identification number. The child support enforcement division, upon written request and proof of actual costs incurred, may pay a reasonable fee to a financial institution for conducting the data match not to exceed the actual costs incurred by such financial institution.
(g) The financial institution, in response to a notice of a lien or levy, shall encumber or surrender, as the case may be, assets held by such institution on behalf of any noncustodial parent who is subject to a lien for child support.
§48A-2-34. Employment and income reporting.
(a) For purposes of this section:
(1) "Employee" means an individual who is an "employee" for purposes of federal income tax withholding, as defined in 26 U.S.C. §3401;
(2) "Employer" means the person or entity for whom an individual performs or performed any service of whatever nature and who has control of the payment of the individual's wages for performance of such service or services, as defined in 26 U.S.C. §3401;
(3) An individual is considered a "new hire" on the first day in which that individual performs services for remuneration and on which an employer begins to withhold amounts for income tax purposes.
(b) Except as provided in subsections (c) and (d) of this section, all employers doing business in the state shall report to the child support enforcement division:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2) The rehiring or return to work of any employee who resides or works in this state.
(c) Employers are not required to report the hiring, rehiring or return to work of any person who is an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of such agency has determined that reporting could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(d) An employer that has employees in states other than this state and that transmits reports magnetically or electronically is not required to report to the child support enforcement division the hiring, rehiring or return to work of any employee if the employer has filed with the secretary of the federal department of health and human services, as required by 42 U.S.C. §653A, a written designation of another state in which it has employees as the reporting state.
(e) Employers shall report by mailing to the child support enforcement division a copy of the employee's W-4 form; however, an employer may transmit such information through another means if approved in writing by the child support enforcement division prior to the transmittal. The report shall include the employee's name, address and social security number, the employer's name and address, any different address of the payroll office and the employer's federal tax identification number. The employer may report other information, such as date of birth or income information, if desired.
(f) Employers shall submit a report within fourteen days of the date of the hiring, rehiring or return to work of the employee. However, if the employer transmits the reports magnetically or electronically by two monthly submissions, the reports shall be submitted not less than twelve days nor more than sixteen days apart.
(g) An employer shall provide to the child support enforcement division, upon its written request, information regarding an obligor's employment, wages or salary, medical insurance, and location of employment.
(h) Any employer who fails to report in accordance with the provisions of this section shall be assessed a civil penalty of no more than twenty-five dollars per failure. If the failure to report is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report, the employer shall be assessed a civil penalty of no more than five hundred dollars.
(i) Employers required to report under this section may assess each employee so reported one dollar for the administrative costs of reporting.
(j) Uses for the new hire information include, but are not limited to, the following:
(1) The state directory of new hires shall furnish the information to the national directory of new hires;
(2) The child support enforcement division shall use information received pursuant to this section to locate individuals for purposes of establishing paternity and of establishing, modifying and enforcing child support obligations, and may disclose such information to any agent of the agency that is under contract with the division to carry out such purposes;
(3) State agencies responsible for administering a program specified in 42 U.S.C. §1320b-7(b) shall have access to information reported by employers for purposes of verifying eligibility for the program; and
(4) The bureau of employment programs shall have access to information reported by employers for purposes of administering employment security and workers' compensation programs.
§48A-2-35. Review and adjustment of child support orders.
(a) Either parent or, if there has been an assignment of support to the department of health and human resources, the child support enforcement division shall have the right to request an administrative review of the child support award in the following circumstances:
(1) Where the request for review is received thirty-six months or more after the date of the entry of the order or from the completion of the previous administrative review, whichever is later, the child support enforcement division shall conduct a review to determine whether the amount of the child support award in such order varies from the amount of child support that would be awarded at the time of the review pursuant to the guidelines for child support awards contained in article one-b of this chapter. If the amount of the child support award under the existing order differs by ten percent or more from the amount that would be awarded in accordance with the child support guidelines, the child support enforcement division shall file with the circuit court a motion for modification of the child support order. If the amount of the child support award under the existing order differs by less than ten percent from the amount that would be awarded in accordance with the child support guidelines, the child support enforcement division may, if it determines that such action is in the best interest of the child or otherwise appropriate, file with the circuit court a motion for modification of the child support order.
(2) Where the request for review of a child support award is received less than thirty-six months after the date of the entry of the order or from the completion of the previous administrative review, the child support enforcement division shall undertake a review of the case only where it is alleged that there has been a substantial change in circumstances. If the child support enforcement division determines that there has been a substantial change in circumstances and if it is in the best interests of the child, the division shall file with the circuit court a motion for modification of the child support order in accordance with the guidelines for child support awards contained in article one-b of this chapter.
(b) The child support enforcement division shall notify both parents at least once every three years of their right to request a review of a child support order. The notice may be included in any order granting or modifying a child support award. The child support enforcement division shall give each parent at least thirty days' notice before commencing any review, and shall further notify each parent, upon completion of a review, of the results of the review, whether of a proposal to move for modification or of a proposal that there should be no change.
(c) When the result of the review is a proposal to move for modification of the child support order, each parent shall be given thirty days' notice of the hearing on the motion, the notice to be directed to the last known address of each party by first class mail. When the result of the review is a proposal that there be no change, any parent disagreeing with that proposal may, within thirty days of the notice of the results of the review, file with the court a motion for modification setting forth in full the grounds therefor.
(d) For the purposes of this section, a "substantial change in circumstances" includes, but is not limited to, a changed financial condition, a temporary or permanent change in physical custody of the child which the court has not ordered, increased need of the child, or other financial conditions. "Changed financial conditions" means increases or decreases in the resources available to either party from any source. Changed financial conditions includes, but is not limited to, the application for or receipt of any form of public assistance payments, unemployment compensation and workers' compensation, or a fifteen percent or more variance from the amount of the existing order and the amount of child support that would be awarded according to the child support guidelines.
(e) All child support orders shall contain a notice which contains language substantially similar to the following: "The amount of the monthly child support can be modified as provided by law based upon a change in the financial or other circumstances of the parties if those circumstances are among those considered in the child support formula. In order to make the modification a party must file a motion to modify the child support amount. Unless a motion to modify is filed, the child support amount will continue to be due and cannot later be changed retroactively even though there has been a change of circumstances since the entry of the order. Self help forms for modification can be found at the circuit clerk's office." The failure of an order to have such a provision does not alter the effectiveness of the order.
§48A-2-40. Access to records, confidentiality.
(a) All records in the possession of the child support enforcement division, including records concerning an individual case of child or spousal support, shall be kept confidential and shall not be released except as provided below:
(1) Records shall be disclosed or withheld as required by federal law or regulations promulgated thereunder notwithstanding other provisions of this section.
(2) Information as to the whereabouts of a party or the child shall not be released to a person against whom a protective order has been entered with respect to such party or child or where the state has reason to believe that the release of the information to the person making the request may result in physical or emotional harm to the party or the child.
(3) The phone number, address, employer and other information regarding the location of the obligor, the obligee and the child shall only be disclosed: (A) Upon his or her written consent, to the person whom the consent designates; or (B) notwithstanding subdivision (4) of this subsection, to the obligee, the obligor, the child or the caretaker or representative of the child, upon order of a court if the court finds that the disclosure is for a bona fide purpose, is not contrary to the best interest of a child and does not compromise the safety of any party: Provided, That the identity and location of the employer may be disclosed on the letters, notices and pleadings of the division as necessary and convenient for the determination of support amounts and the establishment, investigation, modification, enforcement, collection and distribution of support.
(4) Information and records other than the phone number, address, employer and information regarding the location of the obligor, the obligee and the child shall be disclosed to the obligor, the obligee, the child or the caretaker of the child or his or her duly authorized representative, upon his or her written request: Provided, That when the obligor requests records other than collection and distribution records, financial records relevant to the determination of the amount of support pursuant to the guidelines, or records the obligor has supplied, the division shall mail a notice by first class mail to the last known address of the obligee notifying him or her of the request. The notice shall advise the obligee of his or her right to object to the release of records on the grounds that the records are not relevant to the determination of the amount of support, or the establishment, modification, enforcement, collection or distribution of support. The notice shall also advise the obligee of his or her right to disclosure of records provided in this section in order to determine what records the child support enforcement division may have. In the event of any objection, the division shall determine whether or not the information shall be released.
(5) Information in specific cases may be released as is necessary or to determine the identity, location, employment, income and assets of an obligor.
(6) Information and records may be disclosed to the bureau of vital statistics, bureau of employment programs, the workers' compensation division, state tax department and the internal revenue service, or other state or federal agencies or departments as may be necessary or desirable in obtaining any address, employment, wage or benefit information for the purpose of determining the amount of support or establishing, enforcing, collecting and distributing support.
(b) Any person who willfully violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars, or confined in jail not more than six months, or both fined and imprisoned.
§48A-2-41. Access to information.
(a) All state, county and municipal agencies, offices and employers, including profit, nonprofit and governmental employers, receiving a request for information and assistance from the child support enforcement division or any out-of-state agency administering a program under Title IV-D of the Social Security Act, shall cooperate with the division or with the out-of-state agency in the location of parents who have abandoned and deserted children and shall provide the division or the out-of-state agency with all available pertinent information concerning the location, income and property of those parents.
(b) Notwithstanding any other provision of law to the contrary, any entity conducting business in this state or incorporated under the laws of this state shall, upon certification by the division or any out-of-state agency administering a program under Title IV-D of the Social Security Act that the information is needed to locate a parent for the purpose of collecting or distributing child support, provide the division or the out-of- state agency with the following information about the parent: Full name, social security number, date of birth, home address, wages and number of dependents listed for income tax purposes: Provided, That no entity may provide any information obtained in the course of providing legal services, medical treatment or medical services.
(c) (1) The child support enforcement division shall have access, subject to safeguards on privacy and information security, and to the nonliability of entities that afford such access under this subdivision, to information contained in the following records, including automated access, in the case of records maintained in automated data bases:
(A) Records of other state and local government agencies including, but not limited to:
(i) Vital statistics, including records of marriage, birth and divorce;
(ii) State and local tax and revenue records, including information on residence address, employer, income and assets;
(iii) Records concerning real and titled personal property;
(iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;
(v) Employment security records;
(vi) Records of agencies administering public assistance programs;
(vii) Records of the division of motor vehicles; and
(viii) Corrections records.
(B) Certain records held by private entities with respect to individuals who owe or are owed support or certain individuals against, or with respect to, whom a support obligation is sought, consisting of:
(i) The names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in the customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized by section thirty-three, article two of this chapter; and
(ii) Information, including information on assets and liabilities, on such individuals held by financial institutions.
(2) Out-of-state agencies administering programs under Title IV-D of the Social Security Act shall, without the need for any court order, have the authority to access records in this state by making a request through the child support enforcement division.
(d) All federal and state agencies conducting activities under Title IV-D of the Social Security Act shall have access to any system used by this state to locate an individual for purposes relating to motor vehicles or law enforcement.
(e) Out-of-state agencies administering programs under Title IV-D of the Social Security Act shall have the authority and right to access and use, for the purpose of establishing or enforcing a support order, the state law-enforcement and motor vehicle data bases.
(f) The child support enforcement division and out-of-state agencies administering programs under Title IV-D of the Social Security Act shall have the authority and right to access and use, for the purpose of establishing or enforcing a support order, interstate networks that state law-enforcement agencies and motor vehicle agencies subscribe to or participate in, such as the national law-enforcement telecommunications system (NLETS) and the American association of motor vehicle administrators (AAMVA) networks.
§48A-2-43. Recording of social security numbers in certain family matters.

(a) The social security number, if any, of any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license must be recorded on the application for such license.
(b) The social security number of any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment must be placed in the records relating to the matter.
(c) For the purposes of subsection (a) of this section, if the licensing authority allows the use of a number other than the social security number on the face of the document while the social security number is kept on file at the agency, the applicant shall be so advised by such authority.
ARTICLE 5. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS
AND VISITATION.

§48A-5-1. Action to obtain an order for support of minor child.

(a) An action may be brought in circuit court to obtain an order for the support of a minor child when:
(1) Such child has a parent and child relationship with an obligor;
(2) Such obligor is not the primary caretaker or guardian of the child;
(3) The obligor is not meeting an obligation to support the child;
(4) An enforceable order for the support of the child by the obligor has not been entered by a court of competent jurisdiction; and
(5) There is no pending action for divorce, separate maintenance or annulment in which the obligation of support owing from the obligor to the child is at issue.
(b) An action may be brought under the provisions of subsection (a) of this section by:
(1) A custodial parent of a child, when the divorce order or other order which granted custody did not make provision for the support of the child by the obligor;
(2) A primary caretaker of a child;
(3) A guardian of the property of a child or the committee for a child; or
(4) The child support enforcement division, on behalf of the state, when the department of health and human resources is providing assistance on behalf of the child in the form of temporary assistance to needy families, and any right to support has been assigned to the department or in any other case wherein a party has applied for child support enforcement services from the child support enforcement division.
(c) An action under the provisions of this section may be brought in the county where the obligee, the obligor or the child resides.
(d) When an action for child support is brought under the provisions of this section by an obligee against his or her spouse, such obligee may also seek spousal support from the obligor, unless such support has been previously waived by agreement or otherwise.
(e) Every order of support heretofore or hereafter entered or modified under the provisions of this section shall include a provision for the income withholding in accordance with the provisions of section fifteen-a or fifteen-b, article two, chapter forty-eight of this code.
(f) At any time after the entry of an order for support, the court may, upon the verified petition of an obligee or the obligor, revise or alter such order, and make a new order, as the altered circumstances or needs of a child, an obligee, or the obligor may render necessary to meet the ends of justice.
§48A-5-2. Arrearages; liens on personal property; enforcement through writ of execution, suggestion or suggestee execution.

(a) The total of any matured, unpaid installments of child support required to be paid by an order entered or modified by a court of competent jurisdiction, or by the order of a magistrate court of this state, shall stand, by operation of law, as a decretal judgment against the obligor owing such support. The amount of unpaid support shall bear interest from the date it accrued, at a rate of ten dollars upon one hundred dollars per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time. A child support order shall not be retroactively modified so as to cancel or alter accrued installments of support. When an obligor is in arrears in the payment of support which is required to be paid by the terms of such order, an obligee may file an abstract of the order giving rise to the support obligation and an "Affidavit of Accrued Support", setting forth the particulars of such arrearage and requesting a writ of execution, suggestion or suggestee execution. The filing of the abstract and affidavit shall give rise, by operation of law, to a lien against personal property of an obligor who resides within this state for overdue support.
(b) If the duty of support is based upon an order from another jurisdiction, the obligee shall first register the order in accordance with the provisions of chapter forty-eight-b of this code: Provided, That nothing in this subsection shall prevent the child support enforcement division from enforcing foreign orders for support without registration of the order in accordance with the provisions of section five hundred seven, article five, chapter forty-eight-b of this code.
(c) The affidavit may be filed with the clerk of the circuit court in the county wherein the obligee or the obligor resides, or where the obligor's source of income is located.
(d) The affidavit may be filed when a payment required by such order has been delinquent, in whole or in part, for a period of fourteen days.
(e) The affidavit shall:
(1) Identify the obligee and obligor by name and address, and shall list the obligor's social security number or numbers, if known;
(2) Name the court which entered the support order and set forth the date of such entry;
(3) State the total amount of accrued support which has not been paid by the obligor;
(4) List the date or dates when support payments should have been paid but were not, and the amount of each such delinquent payment; and
(5) If known, the name and address of the obligor's source of income.
(f) Upon receipt of the affidavit, the clerk shall issue a writ of execution, suggestion or suggestee execution, and shall mail a copy of the affidavit and a notice of the filing of the affidavit to the obligor, at his last known address. If the child support enforcement division is not acting on behalf of the obligee in filing the affidavit, the clerk shall forward a copy of the affidavit and the notice of the filing to the child support enforcement division.
(g) The notice provided for in subsection (f) of this section shall 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 fourteen days of the date of the notice: (1) Inform the child support enforcement division in writing of the reasons why the affidavit is contested and request a meeting with the child support enforcement division; or (2) where a court of this state has jurisdiction over the parties, obtain a date for a hearing before the circuit court or the family law master and mail written notice of such hearing to the obligee and to the child support enforcement division on a form prescribed by the administrative office of the supreme court of appeals and made available through the office of the clerk of the circuit court.
(h) Upon being informed by an obligor that he or she desires to contest the affidavit, the child support enforcement division shall inform the circuit court of such fact, and the circuit court shall require the obligor to give security, post a bond, or give some other guarantee to secure payment of overdue support.
(i) The clerk of the circuit court shall make available form affidavits for use under the provisions of this section. Such form affidavits shall be provided to the clerk by the child support enforcement division. The notice of the filing of an affidavit shall be in a form prescribed by the child support enforcement division.
(j) Writs of execution, suggestions or suggestee executions issued pursuant to the provisions of this section shall have priority over any other legal process under the laws of this state against the same income, except for withholding from income of amounts payable as support in accordance with the provisions of section three of this article, and shall be effective despite any exemption that might otherwise be applicable to the same income.
(k) Notwithstanding any other provision of this code to the contrary, the amount to be withheld from the disposable earnings of an obligor pursuant to a suggestee execution in accordance with the provisions of this section shall be the same amount which could properly be withheld in the case of a withholding order under the provisions of subsection (e), section three of this article.
(l) Any person who files a false affidavit shall be guilty of false swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
(m) The provisions of this section apply to support orders issued by an out-of-state court or tribunal, as defined in section one hundred one, article one, chapter forty-eight-b of this code, of any other state.
§48A-5-3. Withholding from income of amounts payable as support.

(a) The withholding from an obligor's income of amounts payable as spousal or child support shall be enforced by the child support enforcement division in accordance with the provisions of section fifteen-a or fifteen-b, article two, chapter forty-eight of this code. Every support order heretofore or hereafter entered by a circuit court or a magistrate of this state and every support order entered by a court of competent jurisdiction of another state shall be considered to provide for an order of income withholding in accordance with the provisions of said sections, notwithstanding the fact that such support order does not in fact provide for such an order of withholding.
(b) When immediate income withholding is not required due to the findings required by subsection (c), section fifteen-b, article two, chapter forty-eight of this code, the child support enforcement division shall mail a notice to the obligor pursuant to this section when the support payments required by the order are in arrears in an amount equal to:
(1) One month's support, if the order requires support to be paid in monthly installments;
(2) Four weeks' support, if the order requires support to be paid in weekly or biweekly installments; or
(3) Two biweekly installments, if biweekly payments are provided.
(c) When withholding is required by either subsection (a) or (b) of this section, the child support enforcement division shall send by first class mail or electronic means to the obligor notice that withholding has commenced. The notice shall inform the obligor of the following:
(1) The amount owed;
(2) That a withholding from the obligor's income of amounts payable as support has commenced;
(3) That the amount withheld will be equal to the amount required under the terms of the current support order, plus amounts for any outstanding arrearage;
(4) The definition of "gross income" as defined in section nineteen, article one-a of this chapter;
(5) That the withholding will apply to the obligor's present source of income and to any future source of income and, therefore, no other notice of withholding will be sent to the obligor. A copy of any new or modified withholding notice will be sent to the obligor at approximately the same time the original is sent to the source of income;
(6) That any action by the obligor to purposefully minimize his or her income will result in the enforcement of support being based upon potential and not just actual earnings;
(7) That payment of the arrearage after the date of the notice is not a bar to such withholding;
(8) That the obligor may contest the withholding by written request to the child support enforcement division when the obligor has information showing an error in the current or overdue support amount or a mistake as to the identity of the obligor;
(9) That a mistake of fact exists only when there is an error in the amount of current or overdue support claimed in the notice, or there is a mistake as to the identity of the obligor;
(10) That matters such as lack of visitation, inappropriateness of the support award, or changed financial circumstances of the obligee or the obligor will not be considered at any hearing held pursuant to the withholding, but may be raised by the filing of a separate petition in circuit court;
(11) That if the obligor contests the withholding, in writing, a meeting with the child support enforcement division will be held at an arranged time and place for the purpose of attempting to settle the contested issues;
(12) That if the meeting with the child support enforcement division fails to resolve the contested issues, the obligor may petition the circuit court for a resolution; and
(13) That while the withholding is being contested through either the child support enforcement division or the court, the income withholding may not be stayed.
(d) Withholding shall occur and the notice to withhold shall be sent to the source of income when the support order provides for immediate income withholding, or if immediate income withholding is not so provided, when the support payments are in arrears in the amount specified in subsection (b) of this section. The source of income shall withhold so much of the obligor's income as is necessary to comply with the order authorizing such withholding, up to the maximum amount permitted under applicable law. Such withholding, unless otherwise terminated under the provisions of this section, shall apply to any subsequent source of income or any subsequent period of time during which income is received by the obligor.
(e) Notwithstanding any other provision of this code to the contrary which provides for a limitation upon the amount which may be withheld from earnings through legal process, the amount of an obligor's aggregate disposable earnings for any given workweek which may be withheld as support payments is to be determined in accordance with the provisions of this subsection, as follows:
(1) After ascertaining the status of the payment record of the obligor under the terms of the support order, the payment record shall be examined to determine whether any arrearage is due for amounts which should have been paid prior to a twelve-week period which ends with the workweek for which withholding is sought to be enforced.
(2) When none of the withholding is for amounts which came due prior to such twelve-week period, then:
(A) When the obligor is supporting another spouse or dependent child other than the spouse or child for whom the proposed withholding is being sought, the amount withheld may not exceed fifty percent of the obligor's disposable earnings for that week; and
(B) When the obligor is not supporting another spouse or dependent child as described in paragraph (A) of this subdivision, the amount withheld may not exceed sixty percent of the obligor's disposable earnings for that week.
(3) When a part of the withholding is for amounts which came due prior to such twelve-week period, then:
(A) Where the obligor is supporting another spouse or dependent child other than the spouse or child for whom the proposed withholding is being sought, the amount withheld may not exceed fifty-five percent of the obligor's disposable earnings for that week; and
(B) Where the obligor is not supporting another spouse or dependent child as described in paragraph (A) of this subdivision, the amount withheld may not exceed sixty-five percent of the obligor's disposable earnings for that week.
(4) In addition to the percentage limitations set forth in subdivisions (2) and (3) of this subsection, it shall be a further limitation that when the current month's obligation plus arrearages are being withheld from salaries or wages in no case shall the total amounts withheld for the current month's obligation plus arrearage exceed the amounts withheld for the current obligation by an amount greater than twenty-five percent of the current monthly support obligation.
(5) The provisions of this subsection shall apply directly to the withholding of disposable earnings of an obligor regardless of whether the obligor is paid on a weekly, biweekly, monthly or other basis.
(6) The child support enforcement division has the authority to prorate the current support obligation in accordance with the pay cycle of the source of income. This prorated current support obligation shall be known as the "adjusted support obligation". The current support obligation or the adjusted support obligation is the amount, if unpaid, on which interest will be charged.
(7) When an obligor acts so as to purposefully minimize his or her income and to thereby circumvent the provisions of this section which provide for withholding from income of amounts payable as support, the amount to be withheld as support payments may be based upon the obligor's potential earnings rather than his or her actual earnings, and such obligor may not rely upon the percentage limitations set forth in this subsection which limit the amount to be withheld from disposable earnings.
(f) The source of income of any obligor who is subject to withholding, upon being given notice of withholding, shall withhold from such obligor's income the amount specified by the notice and pay such amount to the child support enforcement division for distribution. The notice given to the source of income shall contain only such information as may be necessary for the source of income to comply with the withholding order. Such notice to the source of income shall include, at a minimum, the following:
(1) The amount to be withheld from the obligor's disposable earnings, and a statement that the amount to be withheld for support and other purposes, including the fee specified under subdivision (3) of this subsection, may not be in excess of the maximum amounts permitted under Section 303(b) of the federal Consumer Credit Protection Act or limitations imposed under the provisions of this code;
(2) That the source of income shall send the amount to be withheld from the obligor's income to the child support enforcement division, along with such identifying information as may be required by the division, the same day that the obligor is paid;
(3) That, in addition to the amount withheld under the provisions of subdivision (1) of this subsection, the source of income may deduct a fee, not to exceed one dollar, for administrative costs incurred by the source of income, for each withholding;
(4) That withholding is binding on the source of income until further notice by the child support enforcement division or until the source of income notifies the child support enforcement division of a termination of the obligor's employment in accordance with the provisions of subsection (l) of this section;
(5) That the source of income is subject to a fine for discharging an obligor from employment, refusing to employ, or taking disciplinary action against any obligor because of the withholding;
(6) That when the source of income fails to withhold income in accordance with the provisions of the notice, the source of income is liable for the accumulated amount the source of income should have withheld from the obligor's income;
(7) That the withholding under the provisions of this section shall have priority over any other legal process under the laws of this state against the same income, and shall be effective despite any exemption that might otherwise be applicable to the same income;
(8) That when an employer has more than one employee who is an obligor who is subject to wage withholding from income under the provisions of this code, the employer may combine all withheld payments to the child support enforcement division when the employer properly identifies each payment with the information listed in this section. A source of income is liable to an obligee, including the state of West Virginia or the department of health and human resources where appropriate, for any amount which the source of income fails to identify with the information required by this section and is therefore not received by the obligee;
(9) That the source of income shall implement withholding no later than the first pay period or first date for payment of income that occurs after fourteen days following the date the notice to the source of income was mailed; and
(10) That the source of income shall notify the child support enforcement division promptly when the obligor terminates his or her employment or otherwise ceases receiving income from the source of income, and shall provide the obligor's last known address and the name and address of the obligor's new source of income, if known.
(g) The commission shall, by administrative rule, establish procedures for promptly refunding to obligors amounts which have been improperly withheld under the provisions of this section.
(h) After implementation in accordance with the provisions of subsection (k) of this section, a source of income shall send the amount to be withheld from the obligor's income to the child support enforcement division and shall notify the child support enforcement division of the date of withholding, the same date that the obligor is paid.
(i) In addition to any amounts payable as support withheld from the obligor's income, the source of income may deduct a fee, not to exceed one dollar, for administrative costs incurred by the source of income, for each withholding.
(j) Withholding of amounts payable as support under the provisions of this section is binding on the source of income until further notice by the child support enforcement division or until the source of income notifies the child support enforcement division of a termination of the obligor's employment in accordance with the provisions of subsection (l) of this section.
(k) Every source of income who receives a notice of withholding under the provisions of this section shall implement withholding no later than the first pay period or first date for the payment of income which occurs after fourteen days following the date the notice to the source of income was mailed.
(l) A source of income who employs or otherwise pays income to an obligor who is subject to withholding under the provisions of this section shall notify the child support enforcement division promptly when the obligor terminates employment or otherwise ceases receiving income from the source of income, and shall provide the child support enforcement division with the obligor's last known address and the name and address of the obligor's new source of income, if known.
(m) When an employer has more than one employee who is an obligor who is subject to wage withholding from income for amounts payable as support, the employer may combine all withheld payments to the child support enforcement division when the employer properly identifies each payment with the information listed in this section. A source of income is liable to an obligee, including the state of West Virginia or the department of health and human resources where appropriate, for any amount which the source of income fails to identify in accordance with this section and is therefore not received by the obligee.
(n) A source of income is liable to an obligee, including the state of West Virginia or the department of health and human resources where appropriate, for any amount which the source of income fails to withhold from income due an obligor following receipt by such source of income of proper notice under subsection (f) of this section: Provided, That a source of income shall not be required to vary the normal pay and disbursement cycles in order to comply with the provisions of this section.
(o) Any source of income who knowingly and willfully conceals the fact that the source of income is paying income to an obligor, with the intent to avoid withholding from the obligor's income of amounts payable as support, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
(p) When the child support enforcement division makes a written request to a source of income to provide information as to whether the source of income has paid income to a specific obligor, within the preceding sixty-day period, the source of income shall, within fourteen days thereafter, respond to such request, itemizing all such income, if any, paid to the obligor during such sixty-day period. A source of income shall not be liable, civilly or criminally, for providing such information in good faith.
(q) Support collection under the provisions of this section shall have priority over any other legal process under the laws of this state against the same income, and shall be effective despite any exemption that might otherwise be applicable to the same income.
(r) Any source of income who discharges from employment, refuses to employ, or takes disciplinary action against any obligor subject to income withholding required by this section because of the existence of such withholding and the obligations or additional obligations which it imposes on the source of income, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.
§48A-5-4. Liens against real property for overdue support.

(a) An order for support entered by a court of competent jurisdiction will give rise, by operation of law, to a lien against real property of an obligor who resides or owns property within this state for overdue support upon the filing by the obligee, or, when appropriate, the child support enforcement division, an abstract of the order giving rise to the support obligation and an "Affidavit of Accrued Support" setting forth the particulars of the arrearage.
(b) The affidavit and abstract shall be filed with the clerk of the county commission in which the real property is located. The affidavit shall:
(1) Identify the obligee and obligor by name and address, and shall list the obligor's social security number or numbers, if known;
(2) Name the court which entered the support order and set forth the date of such entry;
(3) Allege that the support obligor is at least thirty days in arrears in the payment of child support;
(4) State the total amount of accrued support which has not been paid by the obligor; and
(5) List the date or dates when support payments should have been paid but were not, and the amount of each such delinquent payment.
(c) If the duty of support is based upon a foreign order the obligee shall first register the order in accordance with the provisions of chapter forty-eight-b of this code. Provided, That nothing in this subsection shall prevent the child support enforcement division from enforcing foreign orders for support without registration of the order in accordance with the provisions of section five hundred seven, article five, chapter forty-eight-b of this code.
(d) This state will accord full faith and credit to liens described in subsection (a) of this section arising in another state, when the out-of-state agency, party, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise within the other state.
(e) Upon satisfaction of the overdue support obligation, the obligee shall issue a release to the obligor and file a copy thereof with the clerk of the county commission in the county in which the lien arose pursuant to this section. The child support enforcement division shall issue a release in the same manner and with the same effect as liens taken by the tax commissioner pursuant to section twelve, article ten, chapter eleven of this code.
(f) Any person who files a false affidavit shall be guilty of false swearing and, upon conviction thereof, shall be punished as provided by law for such offense.
(g) The provisions of this section shall apply to support orders issued by a court or tribunal, as defined in section one hundred one, article one, chapter forty-eight-b of this code, of any other state.
§48A-5-4a. Enforcement by the child support enforcement division of lien on real property.

The child support enforcement division may enforce a lien upon real property pursuant to the provisions of article three, chapter thirty-eight of this code.
§48A-5-5. Enforcement of support orders by contempt proceedings; penalties.

(a)In addition to or in lieu of the other remedies provided by this article for the enforcement of support orders, the child support enforcement division 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.
(b) 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:
(1) Require additional terms and conditions consistent with the court's support order.
(2) 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 (e), 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.
(3) Order that all accrued support and interest thereon be paid under such terms and conditions as the court, in its discretion, may deem proper.
(4) Order the contemnor to pay support in accordance with a plan approved by the child support enforcement division or to participate in such work activities as the court deems appropriate.
(5) If appropriate under the provisions of section twenty-two, article two, chapter forty-eight of this code:
(A) Commit the contemnor to the county jail; or
(B) 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.
(c) A commitment under subdivision (5) of subsection (b) shall not exceed forty-five days for the first adjudication of contempt or ninety days for any subsequent adjudication of contempt.
(d) An obligor committed under subdivision (5), subsection (b) of this section shall be released if the court has reasonable cause to believe that the obligor will comply with the court's orders.
(e) If an obligor is committed to jail under the provisions of paragraph (B), subdivision (5), subsection (b) of this section and violates the conditions of the court, the court may commit the person to the county jail without the privilege provided under said paragraph (B) for the balance of the period of commitment imposed by the court.
(f) If a person is committed to jail under the provisions of paragraph (B), subdivision (5), subsection (b) of this section 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-5-7. Increase in monthly payments.
(a) For the purpose of securing overdue support, the child support enforcement division has the authority to increase the monthly support payments by as much as one hundred dollars per month to satisfy the arrearage where the obligor:
(1) Owes an arrearage of not less than eight thousand dollars; or
(2) Has not paid support for twelve consecutive months.
(b) This increase in monthly support will be in addition to any amounts withheld pursuant to section three, article five of this chapter.
(c) This increase in monthly support may be enforced through the withholding process.
(d) Notice of the increase shall be sent to the obligor at the time such increase is implemented. If the obligor disagrees with the increase in payments, he or she may file, within thirty days of the date of the notice, a motion with the circuit court in which the case is situated for a determination of whether there should be an increase in monthly payments and the amount of that increase, if any.
(e) The provisions of this section apply to support orders issued by a court or tribunal, as defined in section one hundred one, article one, chapter forty-eight-b of this code, of this or any other state.
ARTICLE 6. ESTABLISHMENT OF PATERNITY.

§48A-6-1. Paternity proceedings.

(a) A civil action to establish the paternity of a child and to obtain an order of support for the child may be instituted, by verified complaint, in the circuit court of the county where the child resides: Provided, That if such venue creates a hardship for the parties, or either of them, or if judicial economy requires, the court may transfer the action to the county where either of the parties resides.
(b) A "paternity proceeding" is a summary proceeding, equitable in nature and within the domestic relations jurisdiction of the courts, wherein a circuit court upon the petition of the state or another proper party may intervene to determine and protect the respective personal rights of a child for whom paternity has not been lawfully established, of the mother of the child and of the putative father of the child. The parties to a paternity proceeding are not entitled to a trial by jury.
(c) The sufficiency of the statement of the material allegations in the complaint set forth as grounds for relief and the grant or denial of the relief prayed for in a particular case shall rest in the sound discretion of the court, to be exercised by the court according to the circumstances and exigencies of the case, having due regard for precedent and the provisions of the statutory law of this state.
(d) A decree or order made and entered by a court in a paternity proceeding shall include a determination of the filial relationship, if any, which exists between a child and his or her putative father, and, if such relationship is established, shall resolve dependent claims arising from family rights and obligations attendant to such filial relationship.
(e) A paternity proceeding may be brought by any of the following persons:
(1) An unmarried woman with physical or legal custody of a child to whom she gave birth;
(2) A married woman with physical or legal custody of a child to whom she gave birth, if the complaint alleges that:
(A) The married woman lived separate and apart from her husband preceding the birth of the child;
(B) The married woman did not cohabit with her husband at any time during such separation and that such separation has continued without interruption; and
(C) The defendant, rather than her husband, is the father of the child.
(3) The state of West Virginia, including the child support enforcement division defined in article two of this chapter;
(4) Any person who is not the mother of the child, but who has physical or legal custody of the child;
(5) The guardian or committee of the child;
(6) The next friend of the child when the child is a minor;
(7) By the child in his own right at any time after the child's eighteenth birthday but prior to the child's twenty-first birthday; or
(8) A man purporting to be the father of a child born out of wedlock, when there has been no prior judicial determination of paternity.
(f) Blood or tissue samples taken pursuant to the provisions of this article may be ordered to be taken in such locations as may be convenient for the parties so long as the integrity of the chain of custody of the samples can be preserved.
(g) A person who has sexual intercourse in this state submits to the jurisdiction of the courts of this state for a proceeding brought under this article with respect to a child who may have been conceived by that act of intercourse. Service of process may be perfected according to the rules of civil procedure.
(h) When the person against whom the proceeding is brought has failed to plead or otherwise defend the action after proper service has been obtained, judgment by default shall be issued by the court as provided by the rules of civil procedure.
§48A-6-4. Establishment of paternity and duty of support.
(a) When the defendant, by verified responsive pleading, admits that the man is the father of the child and owes a duty of support, or if after a hearing on the merits, the court shall find, by clear and convincing evidence that the man is the father of the child, the court shall order support in accordance with the provisions of this section.
(b) Upon motion by a party, the court shall issue a temporary order for child support pending a judicial determination of parentage if there is clear and convincing evidence of paternity on the basis of genetic tests or other scientifically recognized evidence.
(c) The court shall give full faith and credit to a determination of paternity made by any other state, based on the laws of that state, whether established through voluntary acknowledgment or through administrative or judicial process.
(d) Bills for pregnancy, childbirth, and genetic testing are admissible as evidence of expenses incurred. Evidence so admitted shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.
CHAPTER 57. EVIDENCE AND WITNESSES.

ARTICLE 1. LEGISLATIVE ACTS AND RESOLUTIONS; PUBLIC RECORDS.

§57-1-12. Authentication of records and proceedings of courts of United States or other states; full faith and credit.

The records and judicial proceedings of any court of the United States, or of any state or territory, or of any country subject to the jurisdiction of the United States, shall be proved or admitted in any court in this state, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within this state as they have by law or usage in the courts of the state or jurisdiction from which they are taken. Full faith and credit for child support orders shall be accorded by this state in conformity with federal law.
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