West Virginia Code 48-16-506 – Contest by obligor
(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part VI [§48-16-601 et seq.], or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
Terms Used In West Virginia Code 48-16-506
- Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See West Virginia Code 48-16-102
- Income withholding order: means an order or other legal process directed to an obligor'. See West Virginia Code 48-16-102
- Obligee: means :
(A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See West Virginia Code 48-16-102
- Obligor: means an individual or the estate of a decedent that:
(A) Owes or is alleged to owe a duty of support. See West Virginia Code 48-16-102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See West Virginia Code 48-16-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 48-16-102
- Support enforcement agency: means a public official or governmental entity, or private agency authorized to:
(A) Seek enforcement of support orders or laws relating to the duty of support. See West Virginia Code 48-16-102
- Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See West Virginia Code 48-16-102
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income withholding order relating to the obligor; and
(3) The person designated to receive payments in the income withholding order, or if no person is designated, to the obligee.