H. B. 3191
(By Delegate Ashley)
[Introduced February 22, 2007; 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 limitations on enforcement of
judgments generally; providing that the limitation on child
support is tolled until the last child that is subject of an
income withholding order reaches eighteen years of age or is
legally emancipated.
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, execution or an income withholding as
provided in article fourteen, chapter forty-eight of this code may
be issued within ten years after the date thereof. Where execution or an income withholding issues within ten years as aforesaid,
other executions or income withholdings may be issued on such
judgment within ten years from the return day of the last execution
or date of the last income withholding issued thereon, on which
there is no return by an officer, or which has been returned
unsatisfied or, in the case of income withholding, no payment has
been withheld.
(b) An execution may be issued upon a judgment for child or
spousal 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 limitation set forth in subsection (a) of this
section applies when the youngest child that is the subject of the
order on which the execution is based reaches the age of eighteen
or is otherwise legally emancipated.
(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 or income withholding 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 provide that the
limitation on child support is tolled until the last child that is
subject of an income withholding order reaches eighteen years of
age or is legally 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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