SENATE CONCURRENT RESOLUTION NO. 12
(By Senator Craigo)
Requesting the joint committee on government and finance to make
a study of the West Virginia child support enforcement
commission and its inability to develop adequate child
support award guidelines and the family law masters system
and its inability to enforce equitable policies and
procedures relating to child support, custody and
visitation.
Whereas, The West Virginia child support enforcement
commission has been given broad authority to promulgate child
support award guidelines which are used by the family law masters
system and the guidelines promulgated inadequately determine net
income, self-support need, primary support of a child and the
standard of living adjustment for both the custodial and
supporting parents; and
Whereas, The West Virginia family law masters system has
been given broad authority to enforce policies and procedures relating to child support, custody and visitation in the state
but is failing to adequately serve the best interests of the
parents and child; and
Whereas, The family law masters system's inability to
efficiently and expeditiously process child support, custody and
visitation claims by providing a timely notice of hearing and a
timely decision results in parental loss of due process; and
Whereas, Public complaints have been received regarding the
family law masters' indifference in determining custody, support
and visitation awards, which results in decisions and awards
which do not always serve the best interests of the parents and
child; and
Whereas, Recommendations received by circuit court judges
from family law masters may not represent the best interests of
all parties involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
requested to appoint an interim committee to study the West
Virginia child support enforcement commission and its broad
authority to develop award guidelines and the family law masters
system and its broad authority to enforce policies and procedures relating to child support, custody and visitation; and to make
recommendations to the Legislature regarding the same; and, be it
Further Resolved, That the interim committee appointed by
the joint committee on government and finance shall consist of
twelve members, six of whom shall be members of the Senate and
six of whom shall be members of the House of Delegates; and, be
it
Further Resolved, That the joint committee on government and
finance report to the regular session of the Legislature, 1997,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the joint
committee on government and finance.