H. B. 2640


(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced March 20, 1997; referred to the
Committee on the Judiciary.]




A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to reducing payment of damages in civil actions by that amount owed for delinquent or current child support.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19. Reducing damage awards for payment of child support.
Any monetary awards for damages which are awarded pursuant to any civil action brought in any jurisdiction in the state shall be reduced before payment by that amount, if any, owed by the awardee for delinquent or current child support. The court shall order that the reduction be made and that the moneys owed be forwarded to the party or parties to whom it is owed.

NOTE: The purpose of this bill is to reduce damage awards made in civil cases by that amount owed by the awardee for delinquent child support, and to forward the money to the party or parties to whom it is owed.

This section is new; therefore strike-throughs and underscoring have been omitted.