West Virginia 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.