West Virginia Code 48-16-507 – Administrative enforcement of orders
(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
Terms Used In West Virginia Code 48-16-507
- Foreign support order: means a support order of a foreign tribunal. 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
- 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
- Register: means to record in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. 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
- Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse which provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See West Virginia Code 48-16-102
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article.