There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 48. DOMESTIC RELATIONS
ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
- §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.
- §48-1-203 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.
- §48-1-223 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.
- §48-1-302 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.
- §48-1-233 3. Military parent defined.
- §48-1-233 4. Military service or service 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.
- §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.
- §48-2-202 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.
- §48-2-302 Prohibition against marriage of persons related within certain degrees.
- §48-2-303 Prohibition against marriage not to include persons related by adoption.
- §48-2-402 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.
- §48-2-602 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.
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.
- §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.
- §48-5-202 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.
- §48-5-404 Advance filing of divorce petition in actions alleging abandonment or voluntary separation.
- §48-5-405 Amendments to pleadings.
- §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.
- §48-5-602 Court may require payment of spousal support.
- §48-5-603 Relief regarding minor child or children.
- §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.
- §48-5-702 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 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.
- §48-5A-101 Legislative findings.
- §48-5A-102 Collaborative law generally; requesting the Supreme Court to study collaborative law procedures
- §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.
ARTICLE 7. EQUITABLE DISTRIBUTION OF 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.
- §48-7-202 Assets that are required to be disclosed.
- §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.
- §48-7-302 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.
- §48-7-402 Notice of lis pendens.
- §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.
- §48-9-102 Objectives; best interests of the child.
- §48-9-103 Parties to an action under this article.
- §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.
- §48-9-302 Appointment of guardian.
- §48-9-303 Interview of the child by the court.
- §48-9-402 Modification without showing of changed circumstances.
- §48-9-404 Modification of a parenting plan due to military service.
- §48-9-602 Designation of custody for the purpose of other state and federal statutes.
- §48-9-604 Parent education and mediation fund.
ARTICLE 10. GRANDPARENT VISITATION.
- §16748-10-1to48-10-26 Repealed
- §48-10-101 Legislative findings.
- §48-10-102 Legislative intent.
- §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
- §48-10-602 Prohibitions on use of child's written or recorded statement or affidavit; child not to be called as a witness.
- §48-10-702 Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.
- §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.
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.
- §48-11-108 Modification of support based on military service.
- §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 responsibility.
- §48-11-208 Criteria for parenting plan; dispute resolution.
- §48-11-209 Parenting plan; limiting factors.
- §48-11-302 Appointment of guardian.
- §48-11-303 Interview of the child by the court.
- §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.
- §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 Repealed
- §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.
- §48-13-102 Right of children to share in parents' level of living.
- §48-13-103 Financial contributions of both parents to be considered.
- §48-13-203 Amount determined by guidelines presumed to be correct.
- §48-13-204 Use of worksheets.
- §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.
- §48-13-402 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.
- §48-13-502 Extended shared parenting worksheet.
- §48-13-503 Split physical custody adjustment.
- §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.
- §48-13-702 Disregard of formula.
- §48-13-802 Investment of child support.
- §48-13-803 Reimbursement or arrearage only support.
- §48-13-804 Default orders.
- §48-13-901 Repealed
- §48-13-902 Repealed
ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
- §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.
- §48-14-108 Deceased parties in support cases.
- §48-14-202 Registration of foreign order.
- §48-14-203 Affidavit of accrued support.
- §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.
- §48-14-302 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.
- §48-14-403 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
- §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.
- §48-14-602 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.
- §48-14-803 Application to support orders of courts of competent jurisdiction.
Article 15 - ENFORCEMENT OF SUPPORT ORDER
- §48-15-102 Action against a license defined.
- §48-15-103 Application defined.
- §48-15-104 License defined.
- §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.
- §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.
- §48-15-302 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.
- §48-15-402 Effect of determination as to authority of federal government to require denials, suspensions or restrictions of licenses.
ARTICLE 16. UNIFORM INTERSTATE FAMILY SUPPORT ACT.
- §48-16-102 Definitions.
- §48-16-103 Tribunal of state.
- §48-16-104 Remedies cumulative.
- §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.
- §48-16-302 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.
- §48-16-502 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.
- §48-16-602 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.
- §48-16-802 Conditions of rendition.
- §48-16-902 Severability clause.
- §48-16-903 Effective date.
Article 17 - WEST VIRGINIA SUPPORT ENFORCE
- §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 child support.
- §48-18-113 Disbursements of amounts collected as support.
- §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.
- §48-18-118a Obtaining refunds of overpaid 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 attorneys.
- §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.
- §48-20-103 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.
- §48-20-202 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.
- §48-20-302 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.
- §48-20-402 Severability clause.
- §48-20-403 Effective date.
- §48-20-404 Transitional provision.
- §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.
- §48-22-302 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.
- §48-22-502 Petition and appendix.
- §48-22-602 How notice is to be served.
- §48-22-603 Notice to an unknown father.
- §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.
- §48-22-802 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.
- §48-23-102 Legislative purpose.
- §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.
- §48-23-402 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.
- §48-23-502 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.
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.
- §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 or may not 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 25A. MATERNAL MORTALITY REVIEW TEAM.
- §48-25A-1 Legislative findings.
- §48-25A-2 Maternal Mortality Review Team.
- §48-25A-3 Responsibilities of the Maternal Mortality Review Team
ARTICLE 26. DOMESTIC VIOLENCE ACT.
- §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.
- §48-26-402 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.
- §48-26-502 Notice of victims' rights, remedies and available services; required information.
- §48-26-503 Standards, procedures and curricula.
- §48-26-602 Award provisions.
- §48-26-603 Domestic Violence Legal Services Fund.
- §48-26-604 Annual reports of shelters and programs receiving funds.
- §48-26-803 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.
- §48-26-902 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.
- §48-26-1102 Continuation of board.
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
- §48-27-203 Emergency hearing 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.
- §48-27-302 Venue.
- §48-27-303 Effect of petitioner leaving residence.
- §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.
- §48-27-401 Interaction between domestic proceedings.
- §48-27-403 Emergency protective orders of court; hearings; persons present.
- §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.
- §48-27-702 Law-enforcement officers to provide information, transportation and to report suspicions of animal cruelty.
- §48-27-802 Maintenance of registry by State Police.
- §48-27-803 Limitation on use of information.
- §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.
- §48-27-1003 Nonjudicial enforcement of order.
- §48-27-1004 Immunity.
- §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 28A. ADDRESS CONFIDENTIALITY PROGRAM.
- §48-28A-101 Purpose.
- §48-28A-102 Definitions.
- §48-28A-103 Address Confidentiality Program.
- §48-28A-104 Cancellation.
- §48-28A-105 Use of designated address.
- §48-28A-106 Disclosure to law enforcement and state agencies.
- §48-28A-107 Disclosure pursuant to court order or canceled certification.
- §48-28A-108 Confidentiality.
- §48-28A-109 Secretary of state; liability.
- §48-28A-110 Rules.
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.
- §48-29-202 Presumption of gift in certain transactions between husband and wife.
- §48-29-302 Loss of consortium.
- §48-29-303 Liability of husband and wife for purchases and services.
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