H. B. 3133
(By Delegates Brown, Moore, Frazier, Miley,
Poore and Fleischauer)
[Introduced February 15, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations in child support cases.
Be it enacted by the Legislature of West Virginia:
That §38-3-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. JUDGMENT LIENS.
§38-3-18. Limitations on enforcement of judgments.
(a) On a judgment, other than a judgment for child or spousal support, as defined in chapter forty-eight of this code, execution may be issued within ten years after the date thereof. Where execution issues within ten years as aforesaid, other executions may be issued on such judgment within ten years from the return day of the last execution issued thereon, on which there is no return by an officer, or which has been returned unsatisfied.
(b) For any order for child support in an action filed on and after the amendment and reenactment of this section during the 2008 2011 legislative session, an execution may be issued upon a judgment for child support, as those terms are defined in chapter forty-eight of this code, within ten years after the emancipation of the child: Provided, That in cases where the support order is for more than one child, the limitations set forth in subsection (a) of this section commence when the youngest child who is the subject of the order on which the execution is based reaches the age of eighteen or is otherwise legally emancipated is exempt from the statute of limitations. The judgment remains in full force and effect until the judgment is paid in full.
(c) An action, suit or scire facias may be brought upon a judgment where there has been a change of parties by death or otherwise at any time within ten years next after the date of the judgment; or within ten years from the return day of the last execution issued thereon on which there is no return by an officer or which has been returned unsatisfied. But if such action, suit or scire facias be against the personal representative of a decedent, it shall be brought within five years from the qualification of such representative.
NOTE: The purpose of this bill is to remove the statute of limitations in child and spousal support cases
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.