There is a newer version of the West Virginia Code
2005 West Virginia Code - CHAPTER 48. — DOMESTIC RELATIONS
- CHAPTER 48. — DOMESTIC RELATIONS.
- ARTICLE 1. — GENERAL PROVISIONS; DEFINITIONS.
- §48-1-101. — Short title; intent of recodification.
- §48-1-102. — Legislative intent; continuation of existing statutory provisions.
- §48-1-103. — Operative date of enactment; effect on existing law.
- §48-1-104. — West Virginia code replacement.
- §48-1-201. — Applicability of definitions.
- §48-1-202. — Adjusted gross income defined.
- §48-1-203. — Antenuptial or prenuptial agreement defined.
- §48-1-204. — Arrearages or past due support defined.
- §48-1-205. — Attributed income defined.
- §48-1-206. — Automatic data processing and retrieval system defined.
- §48-1-207. — Basic child support obligation defined.
- §48-1-208. — Bureau for child support enforcement defined.
- §48-1-209. — Bureau for child support enforcement attorney defined.
- §48-1-210. — Caretaker and caretaking functions defined.
- §48-1-211. — Chief judge defined.
- §48-1-212. — Clergy defined.
- §48-1-213. — Combined adjusted gross income defined.
- §48-1-214. — Commissioner defined.
- §48-1-215. — Contingent fee agreement defined.
- §48-1-216. — Court defined.
- §48-1-217. — Court of competent jurisdiction defined.
- §48-1-218. — Custodial parent defined.
- §48-1-219. — Custodial responsibility defined.
- §48-1-220. — Decision-making responsibility defined.
- §48-1-221. — Divorce defined.
- §48-1-222. — Domestic relations action defined.
- §48-1-223. — Earnings defined.
- §48-1-224. — Employer defined.
- §48-1-225. — Extraordinary medical expenses defined.
- §48-1-226. — Family court judge defined.
- §48-1-227. — Final divorce or final annulment order defined.
- §48-1-228. — Gross income defined.
- §48-1-229. — Guardian of the property of a child defined.
- §48-1-230. — Income defined.
- §48-1-231. — Individual entitled to support enforcement services under the provisions of this chapter and the provisions of Title IV-D of the federal Social Security Act defined.
- §48-1-232. — Legal parent defined.
- §48-1-233. — Marital property defined.
- §48-1-234. — Obligee defined.
- §48-1-235. — Obligor defined.
- §48-1-236. — Secretary defined.
- §48-1-237. — Separate property defined.
- §48-1-238. — Separation defined.
- §48-1-239. — Shared parenting defined.
- §48-1-240. — Source of income defined.
- §48-1-241. — Split physical custody defined.
- §48-1-242. — Spousal support defined.
- §48-1-243. — Spousal support in gross defined.
- §48-1-244. — Support defined.
- §48-1-245. — Support order defined.
- §48-1-246. — Unreimbursed health care expenses defined.
- §48-1-247. — Work-related child care costs defined.
- §48-1-301. — Communications between clergy and party.
- §48-1-302. — Calculation of interest.
- §48-1-304. — Proceedings in contempt.
- §48-1-305. — Suit money, counsel fees and costs.
- §48-1-306. — Proceeding for release of support lien.
- §48-1-307. — Collection of child or spousal support by collection agencies.
- §48-1-233.1. — Mediation defined.
- §48-1-233.2. — Mediator defined.
- §48-1-235.1. — Parent defined.
- §48-1-235.2. — Parenting functions defined.
- §48-1-235.3. — Parenting plan defined.
- §48-1-235.4. — Permanent parenting plan defined.
- §48-1-235.5. — Rehabilitative spousal support defined.
- ARTICLE 2. — MARRIAGES.
- §48-2-101. — Necessity of marriage license.
- §48-2-102. — Where an application for a marriage license may be made; when an application may be received and a license issued; application by mail.
- §48-2-103. — Waiting period before issuance of marriage license; issuance of license in case of emergency or extraordinary circumstances.
- §48-2-104. — Contents of the application for a marriage license.
- §48-2-105. — Execution of the application for a marriage license.
- §48-2-106. — Proof of age.
- §48-2-107. — Recording an application for a marriage license.
- §48-2-201. — Form of marriage license.
- §48-2-202. — Endorsement and return of licenses by persons solemnizing marriage; duties of clerk pertaining thereto.
- §48-2-203. — Register of marriages.
- §48-2-204. — Record of marriage celebrated outside of state.
- §48-2-301. — Age of consent for marriage; exception.
- §48-2-302. — Prohibition against marriage of persons related within certain degrees.
- §48-2-303. — Prohibition against marriage not to include persons related by adoption.
- §48-2-401. — Persons authorized to perform marriages.
- §48-2-402. — Qualifications of religious representative for celebrating marriages; registry of persons authorized to perform marriage ceremonies; special revenue fund.
- §48-2-403. — Ritual for ceremony of marriage by a religious representative.
- §48-2-404. — Ritual for ceremony of marriage by a judge or justice.
- §48-2-405. — Record of marriage to be kept by person officiating.
- §48-2-502. — Issuing marriage license contrary to law; penalty.
- §48-2-503. — Consanguineous marriage; penalty.
- §48-2-504. — Failure to endorse and return license; penalties.
- §48-2-505. — Unlawful solicitation of a celebration of marriage.
- §48-2-601. — Belief of parties in lawful marriage validates certain defects.
- §48-2-602. — Marriage out of state to evade law.
- §48-2-603. — Certain acts, records, and proceedings not to be given effect in this state.
- §48-2-604. — Additional fee to be collected for each marriage license issued.
- ARTICLE 3. — PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.
- §48-3-101. — Right to sue to annul or affirm marriage.
- §48-3-102. — Venue of actions for annulment or affirmation.
- §48-3-103. — Voidable marriages.
- §48-3-104. — Affirmation or annulment of marriage.
- §48-3-105. — What persons may not institute annulment action.
- §48-3-106. — Relief ordered in annulment.
- §48-3-106. — Relief ordered in annulment.
- §48-3-107. — Modification of order granting annulment.
- ARTICLE 4. — SEPARATE MAINTENANCE.
- §48-4-101. — Where an action for separate maintenance may be brought.
- §48-4-102. — Grounds for separate maintenance.
- §48-4-103. — Award of relief in action for separate maintenance.
- §48-4-104. — Modification of order awarding separate maintenance.
- ARTICLE 5. — DIVORCE.
- §48-5-101. — Absolute divorce.
- §48-5-102. — Subject matter jurisdiction.
- §48-5-102. — Subject matter jurisdiction.
- §48-5-103. — Jurisdiction of parties; service of process.
- §48-5-104. — Retention of jurisdiction when divorce is denied.
- §48-5-105. — Residency requirements for maintaining an action for divorce.
- §48-5-106. — Venue of actions for divorce.
- §48-5-107. — Parties to a divorce action.
- §48-5-201. — Grounds for divorce; irreconcilable differences.
- §48-5-201. — Grounds for divorce; irreconcilable differences.
- §48-5-202. — Grounds for divorce; voluntary separation.
- §48-5-203. — Grounds for divorce; cruel or inhuman treatment.
- §48-5-204. — Grounds for divorce; adultery.
- §48-5-205. — Grounds for divorce; conviction of crime.
- §48-5-206. — Grounds for divorce; permanent and incurable insanity.
- §48-5-207. — Grounds for divorce; habitual drunkenness or drug addiction.
- §48-5-208. — Grounds for divorce; desertion.
- §48-5-209. — Grounds for divorce; abuse or neglect of a child.
- §48-5-301. — When a divorce not to be granted.
- §48-5-401. — Verification of pleadings.
- §48-5-402. — Petition for divorce.
- §48-5-402. — Petition for divorce.
- §48-5-403. — Answer to petition.
- §48-5-403. — Answer to petition.
- §48-5-404. — Advance filing of divorce petition in actions alleging abandonment or voluntary separation.
- §48-5-405. — Amendments to pleadings.
- §48-5-501. — Relief that may be included in temporary order of divorce.
- §48-5-502. — Temporary spousal support.
- §48-5-503. — Temporary parenting order; child support.
- §48-5-504. — Attorney's fees and court costs.
- §48-5-505. — Costs of health care and hospitalization.
- §48-5-506. — Use and occupancy of the marital home.
- §48-5-507. — Use and possession of motor vehicles.
- §48-5-508. — Preservation of the properties of the parties.
- §48-5-509. — Enjoining abuse, emergency protective order.
- §48-5-510. — Consideration of financial factors in ordering temporary relief.
- §48-5-511. — Disclosure of assets.
- §48-5-512. — Ex parte orders granting temporary relief.
- §48-5-513. — Granting of ex parte relief.
- §48-5-514. — Temporary order not subject to appeal or review.
- §48-5-601. — Relief that may be included in final order of divorce.
- §48-5-602. — Court may require payment of spousal support.
- §48-5-603. — Relief regarding minor child or children.
- §48-5-604. — Use and occupancy of marital home.
- §48-5-605. — Use and possession of motor vehicles.
- §48-5-605. — Use and possession of motor vehicles.
- §48-5-606. — Relief regarding costs of health care and hospitalization.
- §48-5-607. — Court may order transfer of accounts for recurring expenses.
- §48-5-608. — Injunctive relief or protective orders.
- §48-5-609. — Court may restore to either party his or her property.
- §48-5-610. — Court may order just and equitable distribution of property.
- §48-5-611. — Suit money, counsel fees and costs.
- §48-5-612. — Court may order a party to deliver separate property.
- §48-5-613. — Former name of party; restoration.
- §48-5-701. — Revision of order concerning spousal support.
- §48-5-702. — Revision of order enjoining abuse.
- §48-5-703. — Revision of order allocating custodial responsibility and decision-making responsibility.
- §48-5-704. — Revision of order establishing child support.
- §48-5-705. — Bureau for child support enforcement may seek revision of order establishing child support.
- §48-5-706. — Revision of order concerning distribution of marital property.
- §48-5-707. — Reduction or termination of spousal support because of de facto marriage.
- ARTICLE 6. — APPENTICES.
- §48-6-101. — Property settlement or separation agreement defined.
- §48-6-201. — Effect of separation agreement.
- §48-6-202. — Agreement for spousal support beyond the death of the payor.
- §48-6-203. — Agreement for spousal support beyond the remarriage of the payee.
- §48-6-301. — Factors considered in awarding spousal support, child support or separate maintenance.
- ARTICLE 7. — EQUITABLE DISTRIBUTION OF PROPERTY.
- §48-7-101. — Equal division of marital property.
- §48-7-102. — Division of marital property in accordance with a separation agreement.
- §48-7-103. — Division of marital property without a valid agreement.
- §48-7-104. — Determination of worth of marital property.
- §48-7-105. — Transfers of property to achieve equitable distribution of marital property.
- §48-7-106. — Findings; rationale for division of property.
- §48-7-107. — Refusal to transfer property; appointment of special commissioner.
- §48-7-108. — Interest or title in property prior to judicial determination.
- §48-7-109. — Tax consequences of transfer of interest or title.
- §48-7-110. — Requiring sums to be paid out of disposable retired or retainer pay.
- §48-7-111. — No equitable distribution of property between individuals not married to one another.
- §48-7-112. — Prospective effect of prior amendments.
- §48-7-201. — Required disclosure and updates.
- §48-7-202. — Assets that are required to be disclosed.
- §48-7-203. — Forms for disclosure of assets.
- §48-7-204. — Discovery under rules; optional disclosure of tax returns.
- §48-7-205. — Confidentiality of disclosed information.
- §48-7-206. — Failure to disclose required financial information.
- §48-7-301. — Injunction to prevent removal or disposition of property.
- §48-7-302. — Notice of hearing for injunction; temporary injunction.
- §48-7-303. — Applicability of injunction procedures to sale of goods or disposition of major business assets.
- §48-7-304. — Setting aside encumbrance or disposition of property to third persons.
- §48-7-401. — Lis pendens.
- §48-7-402. — Notice of lis pendens.
- §48-7-501. — Retroactive effect of amendments.
- ARTICLE 8. — SPOUSAL SUPPORT.
- §48-8-101. — General provisions regarding spousal support.
- §48-8-102. — Jurisdiction to award spousal support.
- §48-8-103. — Payment of spousal support.
- §48-8-104. — Effect of fault or misconduct on award of spousal support.
- §48-8-105. — Rehabilitative spousal support.
- §48-8-106. — Payments out of disposable retired or retainer pay.
- ARTICLE 9. — ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.
- §48-9-101. — Scope of article; legislative findings and declarations.
- §48-9-102. — Objectives; best interests of the child.
- §48-9-103. — Parties to an action under this article.
- §48-9-104. — Parent education classes.
- §48-9-201. — Parenting agreements.
- §48-9-202. — Court-ordered services.
- §48-9-203. — Proposed temporary parenting plan; temporary order; amendment; vacation of order.
- §48-9-204. — Criteria for temporary parenting plan.
- §48-9-205. — Permanent parenting plan.
- §48-9-206. — Allocation of custodial responsibility.
- §48-9-207. — Allocation of significant decision-making responsibility.
- §48-9-208. — Criteria for parenting plan; dispute resolution.
- §48-9-209. — Parenting plan; limiting factors.
- §48-9-301. — Court-ordered investigation.
- §48-9-302. — Appointment of guardian.
- §48-9-303. — Interview of the child by the court.
- §48-9-401. — Modification upon showing of changed circumstances or harm.
- §48-9-402. — Modification without showing of changed circumstances.
- §48-9-403. — Relocation of a parent.
- §48-9-403. — Relocation of a parent.
- §48-9-501. — Enforcement of parenting plans.
- §48-9-601. — Access to a child's records.
- §48-9-602. — Designation of custody for the purpose of other state and federal statutes.
- §48-9-603. — Effect of enactment; operative dates.
- §48-9-604. — Parent education and mediation fund.
- ARTICLE 10. — GRANDPARENT VISITATION.
- §§48-10-1 to 48-10-26. — Repealed.
- §48-10-101. — Legislative findings.
- §48-10-102. — Legislative intent.
- §48-10-201. — Applicability of definitions.
- §48-10-202. — Child defined.
- §48-10-203. — Grandparent defined.
- §48-10-301. — Persons who may apply for grandparent visitation; venue.
- §48-10-401. — Motion for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is pending.
- §48-10-402. — Petition for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is not pending.
- §48-10-403. — Appointment of guardian ad litem for the child.
- §48-10-501. — Necessary findings for grant of reasonable visitation to a grandparent.
- §48-10-502. — Factors to be considered in making a determination as to a grant of visitation to a grandparent.
- §48-10-601. — Interview of child in chambers.
- §48-10-602. — Prohibitions on use of child's written or recorded statement or affidavit; child not to be called as a witness.
- §48-10-701. — Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity.
- §48-10-702. — Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.
- §48-10-801. — Order granting or refusing grandparent visitation must state findings of fact and conclusions of law.
- §48-10-802. — Supervised visitation; conditions on visitation.
- §48-10-901. — Effect of remarriage of the custodial parent.
- §48-10-902. — Effect of adoption of the child.
- §48-10-1001. — Continuing jurisdiction of circuit court or family court.
- §48-10-1002. — Termination of grandparent visitation.
- §48-10-1101. — Attorney's fees; reasonable costs.
- §48-10-1201. — Misdemeanor offense for allowing contact between child and person who has been precluded visitation rights; penalties.
- ARTICLE 11. — SUPPORT OF CHILDREN.
- §48-11-101. — General provisions relating to child support.
- §48-11-102. — Required information in support orders.
- §48-11-103. — Child support beyond age eighteen.
- §48-11-104. — Payments out of disposable retired or retainer pay.
- §48-11-105. — Modification of child support order.
- §48-11-106. — Expedited process for modification.
- §48-11-106a. — Modification of support order with the assistance of Bureau for Child Support Enforcement.
- §48-11-107. — Modification resulting in reduction and overpayment of support.
- §48-11-201. — Parenting agreements.
- §48-11-202. — Court-ordered services.
- §48-11-203. — Proposed temporary parenting plan; temporary order; amendment; vacation of order.
- §48-11-204. — Criteria for temporary parenting plan.
- §48-11-205. — Permanent parenting plan.
- §48-11-206. — Allocation of custodial responsibility.
- §48-11-207. — Allocation of significant decision-making
- §48-11-208. — Criteria for parenting plan; dispute resolution.
- §48-11-209. — Parenting plan; limiting factors.
- §48-11-301. — Court-ordered investigation.
- §48-11-302. — Appointment of guardian.
- §48-11-303. — Interview of the child by the court.
- §48-11-401. — Modification upon showing of changed circumstances or harm.
- §48-11-402. — Modification without showing of changed circumstances.
- §48-11-403. — Relocation of a parent.
- §48-11-602. — Designation of custody for the purpose of other state and federal statutes.
- §48-11-603. — Effect of enactment; operative dates.
- §48-11-604. — Effect of enactment; modification of child visitation privileges in certain cases.
- ARTICLE 12. — MEDICAL SUPPORT.
- §48-12-101. — Definitions applicable to medical support enforcement.
- §48-12-102. — Court-ordered medical support.
- §48-12-103. — Cost of medical support considered in applying support guidelines.
- §48-12-104. — Use of national medical support notice; employer to enroll child and withhold premium.
- §48-12-105. — Employer's obligation to transfer notice to appropriate plan.
- §48-12-106. — Notice requirements for certain newly-hired employees.
- §48-12-107. — Notice requirement upon termination of parent.
- §48-12-108. — Certain liabilities of parent for contributions under the plan subject to enforcement; exceptions.
- §48-12-109. — Custodial parent to receive coverage information, documents.
- §48-12-110. — Employer, union to notify IV-D agency within forty days of receipt of notice.
- §48-12-111. — Employer's duties upon service of national medical support notice; notice from another state.
- §48-12-112. — Employer's duties where court-ordered coverage available.
- §48-12-113. — Signature of custodian of child is valid authorization to insurer; insurer's obligations.
- §48-12-114. — Notice to be transferred on parent's change of employment.
- §48-12-115. — Insurer to notify custodian when obligated parent's employment is terminated or coverage is denied, modified or terminated; explanation of conversion privileges; employer to notify bureau of termination.
- §48-12-116. — Child is eligible for coverage until emancipated; remedies available if obligated parent fails to provide ordered coverage; failure to maintain coverage is basis for modification of support order.
- §48-12-117. — Mandatory date for use of the national medical support notice.
- §48-12-118. — Failure of employer to comply with medical insurance coverage; penalties.
- ARTICLE 13. — GUIDELINES FOR CHILD SUPPORT AWARDS.
- §48-13-101. — Guidelines to ensure uniformity and increase predictability; presumption of correctness.
- §48-13-102. — Right of children to share in parents' level of living.
- §48-13-103. — Financial contributions of both parents to be considered.
- §48-13-201. — Use of both parents' income in determining child support.
- §48-13-202. — Application of expenses and credits in determining child support.
- §48-13-203. — Amount determined by guidelines presumed to be correct.
- §48-13-204. — Use of worksheets.
- §48-13-205. — Present income as monthly amounts.
- §48-13-205. — Present income as monthly amounts.
- §48-13-301. — Determining the basic child support obligation.
- §48-13-302. — Incomes below the table for determining basic child support obligations.
- §48-13-303. — Incomes above the table for determining basic child support obligations.
- §48-13-401. — Basic child support obligation in basic shared parenting.
- §48-13-402. — Division of basic child support obligation in basic shared parenting.
- §48-13-403. — Worksheet for calculating basic child support obligation in basic shared parenting cases.
- §48-13-404. — Additional calculation to be made in basic shared parenting cases.
- §48-13-501. — Extended shared parenting adjustment.
- §48-13-502. — Extended shared parenting worksheet.
- §48-13-503. — Split physical custody adjustment.
- §48-13-601. — Adjustment for child care tax credit.
- §48-13-602. — Adjustment for child health care.
- §48-13-603. — Adjustment for obligor's social security benefits sent directly to the child; receipt by child of supplemental security income.
- §48-13-701. — Rebuttable presumption that child support award is correct.
- §48-13-701. — Rebuttable presumption that child support award is correct.
- §48-13-702. — Disregard of formula.
- §48-13-801. — Tax exemption for child due support.
- §48-13-802. — Investment of child support.
- §48-13-803. — Reimbursement or arrearage only support.
- §48-13-901. — Repealed.
- §48-13-902. — Repealed.
- ARTICLE 14. — REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
- PART 1. — ACTION TO OBTAIN AN ORDER FOR
- PART 1. — ACTION TO OBTAIN AN ORDER FOR
- PART 1. — ACTION TO OBTAIN AN ORDER FOR
- §48-14-102. — Who may bring action for child support order.
- §48-14-103. — Venue for action for child support order.
- §48-14-104. — Obligee may seek spousal support in addition to child support.
- §48-14-105. — Mandatory provision for wage withholding.
- §48-14-106. — Modification of support order.
- §48-14-107. — Modification of support order with the assistance of Bureau for Child Support Enforcement.
- §48-14-201. — Arrearages stand by operation of law as judgment against support obligor.
- §48-14-202. — Registration of foreign order.
- §48-14-203. — Affidavit of accrued support.
- PART 2. — LIENS AGAINST PERSONAL
- PART 2. — LIENS AGAINST PERSONAL
- PART 2. — LIENS AGAINST PERSONAL
- §48-14-205. — Circuit clerk to provide form affidavits.
- §48-14-206. — Priority over other legal process.
- §48-14-207. — Amount to be withheld from income.
- §48-14-208. — Filing of false affidavit constitutes false swearing.
- §48-14-209. — Application to support orders of another state.
- §48-14-210. — Application to income withholding.
- §48-14-211. — Release of lien.
- §48-14-301. — Liens against real property by operation of law.
- §48-14-302. — Affidavit of accrued support.
- §48-14-303. — Registration of foreign order.
- §48-14-304. — Full faith and credit to liens arising in another state.
- §48-14-305. — Release of lien.
- §48-14-306. — Filing of false affidavit constitutes false swearing.
- §48-14-307. — Application to support orders of another state.
- §48-14-308. — Enforcement by the bureau for child support enforcement of lien on real property.
- §48-14-401. — Support orders to provide for withholding from income.
- PART 4. — WITHHOLDING FROM INCOME OF
- PART 4. — WITHHOLDING FROM INCOME OF
- §48-14-403. — Exception to requirement for automatic withholding from income.
- §48-14-404. — Enforcement of withholding by bureau for child support enforcement.
- §48-14-405. — Information required in notice to obligor.
- §48-14-406. — Notice to source of income; withholding in compliance with order.
- §48-14-407. — Contents of notice to source of income.
- §48-14-408. — Determination of amounts to be withheld.
- §48-14-409. — Time for implementing withholding.
- §48-14-410. — Sending amounts withheld to bureau; notice.
- §48-14-411. — Time withholding is to stay in effect.
- §48-14-412. — Notice of termination of employment or receipt of income.
- §48-14-413. — Combining withheld amounts.
- §48-14-414. — Sending amounts withheld to division; notice.
- §48-14-415. — Misdemeanor offense of concealing payment of income to obligor; penalty.
- §48-14-416. — Request to source of income for information regarding payment of income.
- §48-14-417. — Priority of support collection over other legal process.
- §48-14-418. — Misdemeanor offense for source of income's action against an obligor; penalty.
- §48-14-419. — Repealed.
- PART 5. — ENFORCEMENT OF SUPPORT ORDERS
- PART 5. — ENFORCEMENT OF SUPPORT ORDERS
- PART 5. — ENFORCEMENT OF SUPPORT ORDERS
- §48-14-502. — Willful failure or refusal to comply with order to pay support.
- §48-14-503. — Limitation on length of commitment.
- §48-14-504. — Violation of work release conditions.
- §48-14-505. — Misdemeanor offense of escape from custody; penalty.
- §48-14-601. — Definitions.
- §48-14-602. — Use of automated administrative enforcement.
- §48-14-603. — Enforcing support orders through automated administrative enforcement.
- §48-14-701. — Posting of bonds or giving security to guarantee payment of overdue support.
- §48-14-801. — When monthly payments may be increased to satisfy overdue support.
- PART 8. — INCREASE IN PAYMENTS TO SATISFY ARREARAGE.
- PART 8. — INCREASE IN PAYMENTS TO SATISFY ARREARAGE.
- §48-14-803. — Application to support orders of courts of competent jurisdiction.
- §48-14-901. — Procedure when person contests action proposed to be taken against him.
- §48-14-1001. — Misrepresentation of delinquent support payments; penalty.
- ARTICLE 15. — ENFORCEMENT OF SUPPORT ORDER THROUGH ACTION AGAINST LICENSE.
- §48-15-101. — Applicability of definitions.
- §48-15-102. — Action against a license defined.
- §48-15-103. — Application defined.
- §48-15-104. — License defined.
- §48-15-201. — Licenses subject to action.
- §48-15-202. — Persons subject to notice of action against license.
- §48-15-203. — Exhaustion of other statutory enforcement methods.
- §48-15-204. — Service of notice of action against a license.
- PART 2. — ACTION AGAINST LICENSE.
- PART 2. — ACTION AGAINST LICENSE.
- §48-15-206. — Notice of consequences of failure to comply.
- §48-15-207. — Failure to act in response to notice; entry of order.
- §48-15-208. — Request and petition for hearing.
- §48-15-209. — Hearing on denial, nonrenewal, suspension or restriction of license.
- §48-15-301. — Copy of order provided to licensing authority.
- §48-15-302. — Denial, nonrenewal, suspension or restriction continues until further order or issuance of certificate of compliance.
- §48-15-303. — License applicant to certify information regarding child support obligation.
- §48-15-304. — Procedure where license to practice law may be subject to denial, suspension or restriction.
- §48-15-401. — Application of article.
- §48-15-402. — Effect of determination as to authority of federal government to require denials, suspensions or restrictions of licenses.
- ARTICLE 16. — UNIFORM INTERSTATE FAMILY SUPPORT ACT.
- §48-16-101. — Short title.
- §48-16-102. — Definitions.
- §48-16-103. — Tribunal of state.
- §48-16-104. — Remedies cumulative.
- §48-16-201. — Basis for jurisdiction over nonresident.
- §48-16-202. — Duration of personal jurisdiction.
- §48-16-203. — Initiating and responding tribunal of state.
- §48-16-204. — Simultaneous proceedings.
- §48-16-205. — Continuing, exclusive jurisdiction to modify child support order.
- §48-16-206. — Continuing jurisdiction to enforce child support order.
- §48-16-207. — Determination of controlling child support order.
- §48-16-208. — Child support orders for two or more obligees.
- §48-16-209. — Credit for payments.
- §48-16-210. — Application of article to nonresident subject to personal jurisdiction.
- §48-16-211. — Continuing, exclusive jurisdiction to modify spousal support order.
- §48-16-301. — Proceedings under article.
- §48-16-302. — Proceeding by minor parent.
- §48-16-303. — Application of law of state.
- §48-16-304. — Duties of initiating tribunal.
- §48-16-305. — Duties and powers of responding tribunal.
- §48-16-306. — Inappropriate tribunal.
- §48-16-307. — Duties of support enforcement agency.
- §48-16-308. — Repealed.
- §48-16-309. — Private counsel.
- §48-16-310. — Duties of state information agency.
- §48-16-311. — Pleadings and accompanying documents.
- §48-16-312. — Nondisclosure of information in exceptional circumstances.
- §48-16-313. — Costs and fees.
- §48-16-314. — Limited immunity of petitioner.
- §48-16-315. — Nonparentage as defense.
- §48-16-316. — Special rules of evidence and procedure.
- §48-16-317. — Communications between tribunals.
- §48-16-318. — Assistance with discovery.
- §48-16-319. — Receipt and disbursement of payments.
- §48-16-401. — Petition to establish support order.
- §48-16-501. — Employer's receipt of income withholding order of another state.
- §48-16-502. — Employer's compliance with income withholding order of another state.
- §48-16-503. — Employer's compliance with two or more income withholding orders.
- §48-16-504. — Immunity from civil liability.
- §48-16-505. — Penalties for noncompliance.
- §48-16-506. — Contest by obligor.
- §48-16-507. — Administrative enforcement of orders.
- §48-16-601. — Registration of order for enforcement.
- §48-16-602. — Procedure to register order for enforcement.
- §48-16-603. — Effect of registration for enforcement.
- §48-16-604. — Choice of law.
- §48-16-605. — Notice of registration of order.
- §48-16-606. — Procedure to contest validity or enforcement of registered order.
- §48-16-607. — Contest of registration or enforcement.
- §48-16-608. — Confirmed order.
- §48-16-609. — Procedure to register child support order of another state for modification.
- §48-16-610. — Effect of registration for modification.
- §48-16-611. — Modification of child support order of another state.
- §48-16-612. — Recognition of order modified in another state.
- §48-16-613. — Jurisdiction to modify support order of another state when individual parties reside in this state.
- §48-16-614. — Notice to issuing tribunal of modification.
- §48-16-615. — Jurisdiction to modify child support order of foreign country or political subdivision.
- §48-16-701. — Proceeding to determine parentage.
- §48-16-802. — Conditions of rendition.
- §48-16-901. — Uniformity of application and construction.
- §48-16-902. — Severability clause.
- §48-16-903. — Effective date.
- ARTICLE 17. — WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION.
- §48-17-101. — Creation of Support Enforcement Commission; number of members.
- §48-17-102. — Appointment of members of support enforcement Commission; qualifications and eligibility.
- §48-17-103. — Terms of commission members; conditions of membership.
- §48-17-104. — Oath.
- §48-17-105. — Commission chairman.
- §48-17-106. — Compensation of members; reimbursement for expenses.
- §48-17-107. — Meeting requirements.
- §48-17-108. — Removal of commission members.
- §48-17-109. — General duties of support enforcement commission.
- §48-17-110. — Repealed.
- §48-17-111. — Repealed.
- ARTICLE 18. — BUREAU FOR CHILD SUPPORT ENFORCEMENT.
- §48-18-101. — Establishment of the bureau for child support enforcement; cooperation with the division of human services.
- §48-18-102. — Appointment of commissioner; duties; compensation.
- §48-18-103. — Organization and employees.
- §48-18-104. — Supervisory responsibilities within the bureau for child support enforcement.
- §48-18-105. — General duties and powers of the bureau for child support enforcement.
- §48-18-106. — Notice to unemployed obligor.
- §48-18-107. — Creation of child support enforcement fund; purpose; funding; disbursements.
- §48-18-108. — Fees.
- §48-18-109. — Repealed.
- §48-18-110. — Attorneys representing state.
- §48-18-111. — Establishment of parent locator service.
- §48-18-112. — Cooperation with other states in the enforcement of
- §48-18-113. — Disbursements of amounts collected as support.
- §48-18-114. — 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.
- §48-18-114. — 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.
- §48-18-115. — Payment of support to the bureau for child support enforcement.
- §48-18-116. — Authorization for data processing and retrieval system.
- §48-18-117. — Obtaining support from federal tax refunds.
- §48-18-118. — Obtaining support from state income tax refunds.
- §48-18-119. — Obtaining support from unemployment compensation benefits.
- §48-18-120. — Statements of account.
- §48-18-121. — Providing information to consumer reporting agencies; requesting consumer credit reports for child support purposes.
- §48-18-122. — Central state case registry.
- §48-18-123. — Subpoenas.
- §48-18-124. — Liability for financial institutions providing financial records to the bureau for child support enforcement; agreements for data match system; encumbrance or surrender of assets.
- §48-18-125. — Employment and income reporting.
- §48-18-126. — Review and adjustment of child support orders.
- §48-18-127. — Repealed.
- §48-18-128. — Billing for fees and costs.
- §48-18-129. — Acceptance of federal purposes; compliance with federal requirements and standards.
- §48-18-130. — Publicizing child support enforcement services.
- §48-18-131. — Access to records, confidentiality.
- §48-18-132. — Access to information.
- §48-18-133. — Recording of social security numbers in certain family matters.
- §48-18-134. — Bureau for Child Support Enforcement continued.
- §48-18-201. — General Provisions related to requests for assistance, recalculation of support amounts, preparation of petition and proposed orders.
- §48-18-202. — Request for assistance by party.
- §48-18-203. — Bureau processing of request for assistance or recalculation.
- §48-18-204. — Request for meeting with the Bureau.
- §48-18-205. — Bureau action on request of recalculation and presentation of proposed order.
- §48-18-206. — Family court action on petition and proposed order prepared by Bureau for Child Support Enforcement.
- ARTICLE 19. — BUREAU FOR CHILD SUPPORT ENFORCEMENT ATTORNEY.
- §48-19-101. — Purposes; how article to be construed.
- §48-19-102. — Appointment of Bureau for Child Support Enforcement
- §48-19-103. — Duties of the bureau for support enforcement attorneys.
- §48-19-104. — Vacancies; interim bureau for child support enforcement attorney.
- §48-19-105. — Compensation; expenses.
- ARTICLE 20. — UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.
- §48-20-101. — Short title.
- §48-20-102. — Definitions.
- §48-20-102. — Definitions.
- §48-20-103. — Proceedings governed by other law.
- §48-20-104. — Application to Indian tribes.
- §48-20-105. — International application of chapter.
- §48-20-106. — Effect of child custody determination.
- §48-20-107. — Priority.
- §48-20-108. — Notice to persons outside state.
- §48-20-109. — Appearance and limited immunity.
- §48-20-110. — Communication between courts.
- §48-20-111. — Taking testimony in another state.
- §48-20-112. — Cooperation between courts; preservation of records.
- §48-20-201. — Initial child custody jurisdiction.
- §48-20-202. — Exclusive, continuing jurisdiction.
- §48-20-203. — Jurisdiction to modify determination.
- §48-20-204. — Temporary emergency jurisdiction.
- §48-20-205. — Notice; opportunity to be heard; joinder.
- §48-20-206. — Simultaneous proceedings.
- §48-20-207. — Inconvenient forum.
- §48-20-208. — Jurisdiction declined by reason of conduct.
- §48-20-209. — Information to be submitted to court.
- §48-20-210. — Appearance of parties and child.
- §48-20-301. — Definitions.
- §48-20-302. — Enforcement under Hague convention.
- §48-20-303. — Duty to enforce.
- §48-20-304. — Temporary visitation.
- §48-20-305. — Registration of child custody determination.
- §48-20-306. — Enforcement of registered determination.
- §48-20-307. — Simultaneous proceedings.
- §48-20-308. — Expedited enforcement of child custody determination.
- §48-20-309. — Service of petition and order.
- §48-20-310. — Hearing and order.
- §48-20-311. — Warrant to take physical custody of child.
- §48-20-312. — Costs, fees and expenses.
- §48-20-313. — Recognition and enforcement.
- §48-20-314. — Appeals.
- §48-20-315. — Role of prosecutor or public official.
- §48-20-316. — Role of law enforcement.
- §48-20-317. — Costs and expenses.
- §48-20-401. — Application and construction.
- §48-20-402. — Severability clause.
- §48-20-403. — Effective date.
- §48-20-404. — Transitional provision.
- ARTICLE 21. — RESERVED.
- ARTICLE 22. — ADOPTION.
- §48-22-101. — Applicability of definitions.
- §48-22-102. — Abandonment defined.
- §48-22-103. — Adoptive parents, adoptive mother or adoptive father defined.
- §48-22-104. — Agency defined.
- §48-22-105. — Birth father defined.
- §48-22-106. — Birth mother defined.
- §48-22-107. — Birth parents defined.
- §48-22-108. — Consent defined.
- §48-22-109. — Determined father defined.
- §48-22-110. — Legal father defined.
- §48-22-111. — Marital child defined.
- §48-22-112. — Nonmarital child defined.
- §48-22-113. — Outsider father defined.
- §48-22-114. — Putative father defined.
- §48-22-115. — Relinquishment defined.
- §48-22-116. — Stepparent adoption defined.
- §48-22-117. — Unknown father defined.
- §48-22-201. — Persons who may petition for decree of adoption.
- §48-22-301. — Persons whose consent or relinquishment is required; exceptions.
- §48-22-302. — Timing and execution of consent or relinquishment.
- §48-22-303. — Content of consent or relinquishment.
- §48-22-304. — Consent or relinquishment by infants.
- §48-22-305. — Revocation of consent or relinquishment for adoption.
- §48-22-306. — Conduct presumptively constituting abandonment.
- §48-22-401. — Delivery of child for adoption; written recital of circumstances.
- §48-22-501. — Filing of petition for adoption.
- §48-22-501. — Filing of petition for adoption.
- §48-22-502. — Petition and appendix.
- §48-22-601. — Who shall receive notice.
- §48-22-602. — How notice is to be served.
- §48-22-603. — Notice to an unknown father.
- §48-22-701. — Proceedings.
- §48-22-702. — Recordation of order; fees; disposition of records; names of adopting parents and persons previously entitled to parental rights not to be disclosed; disclosure of identifying and nonidentifying information; certificate for state registrar of vital statistics; birth certificate.
- §48-22-703. — Effect of order as to relations of parents and child and as to rights of inheritance; intestacy of adopted child.
- §48-22-704. — Finality of order; challenges to order of adoption.
- §48-22-801. — Adoption of adults.
- §48-22-802. — Contracts limiting or restraining adoptions.
- §48-22-803. — Prohibition of purchase or sale of child; penalty; definitions; exceptions.
- §48-22-902. — Filing of petition for recognition of foreign adoption decree.
- §48-22-903. — Proceedings for recognition of foreign adoption decree.
- ARTICLE 23. — VOLUNTARY ADOPTION REGISTRY.
- §48-23-101. — Policy regarding persons obtaining identifying information after adoption.
- §48-23-102. — Legislative purpose.
- §48-23-201. — Applicability of definitions.
- §48-23-202. — Adoptee defined.
- §48-23-203. — Adoption defined.
- §48-23-204. — Adult defined.
- §48-23-205. — Agency defined.
- §48-23-206. — Genetic and social history defined.
- §48-23-207. — Health history defined.
- §48-23-208. — Mutual consent voluntary adoption registry or registry defined.
- §48-23-209. — Putative father defined.
- §48-23-301. — Division of human services to establish and maintain mutual consent voluntary adoption registry.
- §48-23-401. — Persons to whom use of the mutual consent voluntary adoption registry is available.
- §48-23-402. — Age limitations on use of the mutual consent voluntary adoption registry.
- §48-23-403. — Registration by a birth father.
- §48-23-404. — Registration by a birth parent who used an alias in terminating parental rights.
- §48-23-501. — Prerequisites to disclosure of identifying information.
- §48-23-502. — Counseling of registrants.
- §48-23-503. — Cases where disclosure of identifying information cannot occur.
- §48-23-504. — Matching and disclosure procedures.
- §48-23-505. — Retention of data by the registry.
- §48-23-506. — Scope of information obtained by the mutual consent voluntary adoption registry.
- §48-23-507. — Fees for operations of the mutual consent voluntary adoption registry.
- §48-23-601. — Compilation of nonidentifying information on health history and social and genetic history.
- §48-23-701. — Prohibited conduct.
- §48-23-701. — Prohibited conduct.
- §48-23-801. — Nondisclosure.
- ARTICLE 24. — ESTABLISHMENT OF PATERNITY.
- §48-24-101. — Paternity proceedings.
- §48-24-102. — Statute of limitations; prior statute of limitations not a bar to action under this article; effect of prior adjudication between husband and wife.
- §48-24-103. — Medical testing procedures to aid in the determination of paternity.
- §48-24-104. — Establishment of paternity and duty of support.
- §48-24-105. — Representation of parties.
- §48-24-106. — Establishing paternity by acknowledgment of natural father.
- ARTICLE 25. — CHANGE OF NAME.
- §48-25-101. — Petition to circuit court or family court for change of name; contents thereof; notice of application.
- §48-25-102. — Objections to change of name.
- §48-25-103. — When court may order change of name.
- §48-25-104. — Recordation of order changing name.
- §48-25-105. — When new name to be used.
- §48-25-106. — Unlawful change of name.
- §48-25-107. — Unlawful change of name by certain felons and registrants.
- ARTICLE 26. — DOMESTIC VIOLENCE ACT.
- §48-26-101. — Title.
- §48-26-201. — Applicability of definitions.
- §48-26-202. — Board defined.
- §48-26-203. — Department defined.
- §48-26-204. — Shelter defined.
- §48-26-205. — Secretary defined.
- §48-26-206. — Family protection program defined.
- §48-26-301. — Family protection services board continued; terms.
- §48-26-401. — Duties of board generally.
- §48-26-402. — Duties regarding licenses for shelters and programs.
- §48-26-403. — Duties regarding rules.
- §48-26-404. — Regulation of intervention programs for perpetrators; required provisions; duties of providers.
- §48-26-405. — Licensing providers of intervention programs for perpetrators.
- §48-26-406. — Closure of shelters; provisional licensee waivers.
- §48-26-407. — Domestic violence shelters not in violation of zoning rules and resolutions as to use.
- §48-26-501. — Development of state public health plan for reducing domestic violence.
- §48-26-502. — Notice of victims' rights, remedies and available services; required information.
- §48-26-503. — Standards, procedures and curricula.
- §48-26-601. — Funding application requirements.
- §48-26-602. — Award provisions.
- §48-26-603. — Domestic violence legal services fund.
- §48-26-604. — Annual reports of shelters and programs receiving funds.
- §48-26-701. — Confidentiality.
- §48-26-801. — Continuing education for certain state employees.
- §48-26-802. — Continuing education for law-enforcement officers concerning domestic violence.
- §48-26-803. — Judicial education on domestic violence.
- §48-26-804. — Required curricula for public education system.
- §48-26-805. — Continuing education for school personnel who are required to report child abuse and neglect.
- §48-26-901. — Establishment of local advisory councils authorized.
- §48-26-902. — Purpose of local advisory councils.
- §48-26-1002. — Exclusions.
- §48-26-1003. — Rules.
- §48-26-1004. — Contract by persons using center.
- §48-26-1005. — Certification of children's centers for the monitoring of custodial responsibility; revocation or suspension of certification.
- §48-26-1006. — Representations regarding certification; misrepresentations; penalties.
- §48-26-1007. — Court orders; use of centers without court order.
- §48-26-1101. — Referral to shelters.
- §48-26-1102. — Continuation of board.
- ARTICLE 27. — PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
- §48-27-101. — Findings and purposes.
- §48-27-201. — Applicability of definitions.
- §48-27-202. — Domestic violence defined.
- §48-27-203. — Emergency hearing defined.
- §48-27-204. — Family or household members defined.
- §48-27-205. — Final hearing defined.
- §48-27-206. — Law-enforcement agency defined.
- §48-27-207. — Program for victims of domestic violence defined.
- §48-27-208. — Program of intervention for perpetrators defined.
- §48-27-209. — Protective order defined.
- §48-27-301. — Jurisdiction.
- §48-27-302. — Venue.
- §48-27-303. — Effect of petitioner leaving residence.
- §48-27-304. — Commencement of proceeding.
- §48-27-305. — Persons who may file petition.
- §48-27-306. — Counterclaim or affirmative defenses.
- §48-27-307. — Persons accompanying petitioner.
- §48-27-308. — Charges for fees and costs postponed.
- §48-27-309. — Priority of petitions.
- §48-27-310. — Full faith and credit.
- §48-27-311. — Service of process.
- §48-27-312. — Production of documents pursuant to a subpoena duces tecum.
- §48-27-401. — Interaction between domestic proceedings.
- PART 4. — COORDINATION WITH PENDING COURT ACTIONS.
- PART 4. — COORDINATION WITH PENDING COURT ACTIONS.
- §48-27-403. — Emergency protective orders of court; hearings; persons present.
- §48-27-501. — Issuance of protective order; modification of order.
- §48-27-501. — Issuance of protective order; modification of order.
- §48-27-502. — Mandatory provisions in protective order.
- §48-27-503. — Permissive provisions in protective order.
- §48-27-504. — Provisions in protective order for person witnessing or reporting domestic violence.
- §48-27-505. — Time period a protective order is in effect; extension of order; notice of order or extension.
- §48-27-506. — Effect of protective order on real and personal property.
- §48-27-507. — Mutual protective orders prohibited.
- §48-27-508. — Costs to be paid to family court fund.
- §48-27-509. — Conditions of visitation in cases involving domestic violence.
- §48-27-510. — Appeals.
- §48-27-511. — Purging of domestic violence files.
- §48-27-701. — Service of pleadings and orders by law-enforcement officers.
- §48-27-701. — Service of pleadings and orders by law-enforcement officers.
- §48-27-702. — Law-enforcement officers to provide information, transportation and to report suspicions of animal cruelty.
- §48-27-801. — Reports of domestic violence to state police.
- §48-27-802. — Maintenance of registry by state police.
- §48-27-803. — Limitation on use of information.
- §48-27-901. — Civil contempt; violation of protective orders; order to show cause.
- §48-27-902. — Violations of protective orders; criminal complaints.
- §48-27-903. — Misdemeanor offenses for violation of protective order, repeat offenses, penalties.
- §48-27-1001. — Arrest for violations of protective orders.
- §48-27-1002. — Arrest in domestic violence matters; conditions.
- §48-27-1101. — Forms to be provided; operative date.
- §48-27-1102. — Authorization for the promulgation of legislative rules.
- §48-27-1103. — Training of law-enforcement officers in domestic violence.
- §48-27-1104. — Judicial education on domestic violence.
- §48-27-1105. — Rule for time-keeping requirements.
- ARTICLE 27A. — DOMESTIC VIOLENCE FATALITY REVIEW TEAM.
- §48-27A-1. — Domestic violence fatality review team.
- §48-27A-2. — Other agencies of government required to cooperate.
- §48-27A-3. — Law enforcement; prosecution; interference with performance of duties.
- ARTICLE 28. — UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT.
- §48-28-1. — Title.
- §48-28-2. — Definitions.
- §48-28-3. — Judicial enforcement of order.
- §48-28-4. — Nonjudicial enforcement of order.
- §48-28-5. — Registration of order.
- §48-28-6. — Immunity.
- §48-28-7. — Criminal offenses and penalties.
- §48-28-8. — Other remedies.
- §48-28-9. — Uniformity of application and construction.
- §48-28-10. — Transitional provision.
- ARTICLE 29. — PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.
- §48-29-102. — Emancipation from all disabilities to contract.
- §48-29-103. — Emancipation from all disabilities as to personal or real property.
- §48-29-104. — Liability for married woman's torts.
- §48-29-105. — Emancipation from liability for torts or contracts of spouse.
- §48-29-201. — Burden of proof.
- §48-29-202. — Presumption of gift in certain transactions between husband and wife.
- §48-29-301. — Requirement of a writing for contract between husband and wife.
- §48-29-302. — Loss of consortium.
- §48-29-303. — Liability of husband and wife for purchases and services.
- ARTICLE 30. — PROCEEDING BEFORE A FAMILY LAW MASTER.
- §§48-30-101 to 48-30-404. — Repealed.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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