West Virginia Code 48-16-502 – Employer’s compliance with income withholding order of another state
(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
Terms Used In West Virginia Code 48-16-502
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual'. See West Virginia Code 48-16-102
- 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
- Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See West Virginia Code 48-16-102
- Law: includes decisional and statutory law and rules and regulations having the force of law. 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 employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) of this section and section 16-503 [§48-16-503], the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(1) The duration and amount of periodic payments of current child support, stated as a sum certain;
(2) The person designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) The employer's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and forward the child support payment.