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Introduced Version House Bill 2033 History

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hb2033 intr
H. B. 2033


(By Delegate Schoen (By Request))

[Introduced ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §48-11-101 of the code of West Virginia, 1931, as amended, relating to support of children and providing that parents whose parental rights are terminated continue to be responsible for support until the child is adopted, reaches age of majority or is otherwise emancipated.

Be it enacted by the Legislature of West Virginia:

That §48-11-101 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 11. SUPPORT OF CHILDREN.

§48-11-101. General provisions relating to child support.

(a) It is one of the purposes of the Legislature in enacting this chapter to improve and facilitate support enforcement efforts in this State, with the primary goal being to establish and enforce reasonable child support orders and thereby improve opportunities
for children. It is the intent of the Legislature that to the extent practicable, the laws of this State should encourage and require a child's parents to meet the obligation of providing that child with adequate food, shelter, clothing, education, and health and child care.
(b) When the domestic relations action involves a minor child or children, the court shall require either party to pay child support in the form of periodic installments for the maintenance of the minor children of the parties in accordance with support guidelines promulgated pursuant to article 13-101, et seq., of this chapter. Payments of child support are to be ordinarily made from a party's income, but in cases when the income is not sufficient to adequately provide for those payments, the court may, upon specific findings set forth in the order, order the party required to make those payments to make them from the corpus of his or her separate estate.

(c) Notwithstanding any other provision of law to the contrary, a parent whose parental rights have been terminated by an order of a court of competent jurisdiction is responsible for payment of child support to the State of West Virginia computed according to the guidelines for child support awards set out in article thirteen of this chapter. This obligation continues until the child is adopted or reaches the age of majority or is otherwise emancipated.

NOTE: The purpose of this bill is to require that parents whose parental rights are terminated continue to be responsible for support of the child until the child is adopted, reaches age of majority or is otherwise emancipated.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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