2005 West Virginia Code - §48-16-401. — Petition to establish support order.

Part IV. Establishment Of Support Order.
§48-16-401. Petition to establish support order.
(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state may issue a support order if:
(1) The individual seeking the order resides in another state; or
(2) The support enforcement agency seeking the order is located in another state.
(b) The tribunal may issue a temporary child support order if
the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father of the child through genetic testing;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child;
(6) An acknowledged father as provided by applicable state law;
(7) The mother of the child; or
(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 16-305.