H. B. 2124
(By Delegate Webb)
[Introduced February 14, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen-b, article two, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to including an
appendix for an agreement of alternative child support
arrangement.
Be it enacted by the Legislature of West Virginia:
That section fifteen-b, article two, chapter forty-eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.
§48-2-15b. Withholding from income.
(a) Every order entered or modified under the provisions of this article, not described in subsection (d) of this section,
which requires the payment of child support or spousal support
shall include a provision for automatic withholding from income of
the obligor, in order to facilitate income withholding as a means
of collecting support.
(b) Every such order as described in subsection (a) of this
section shall contain language authorizing income withholding for
both current support and for any arrearages to commence without
further court action as follows:
(1) The order shall provide that income withholding will begin
immediately, without regard to whether there is an arrearage:
(A) When a child for whom support is ordered is included or
becomes included in a grant of assistance from the division of
human services or a similar agency of a sister state for temporary
assistance for needy families benefits, medical assistance only
benefits or foster care benefits; or
(B) When the support obligee has applied for services from the
child support enforcement division created pursuant to article two,
chapter forty-eight-a of this code, or the support enforcement
agency of another state or is otherwise receiving services from the
child support enforcement division as provided for in said chapter. In any case where one of the parties demonstrates, and the court
finds, that there is good cause not to require immediate income
withholding, or in any case where there is filed with the court a
written agreement between the parties which provides for an
alternative arrangement, such order shall not provide for income
withholding to begin immediately.
(2) The order shall also provide that income withholding will
begin immediately upon the occurrence of any of the following:
(A) When the payments which the obligor has failed to make
under the order are at least equal to the support payable for one
month, if the order requires support to be paid in monthly
installments;
(B) When the payments which the obligor has failed to make
under the order are at least equal to the support payable for four
weeks, if the order requires support to be paid in weekly or
bi-weekly installments;
(C) When the obligor requests the child support enforcement
division to commence income withholding; or
(D) When the obligee requests that such withholding begin, if
the request is approved by the court in accordance with procedures
and standards established by rules promulgated by the commission pursuant to this section and to chapter twenty-nine-a of this code.
(c) On and after the first day of January, one thousand nine
hundred ninety-four, the wages of an obligor shall be subject to
withholding, regardless of whether child support payments are in
arrears, on the date the order for child support is entered:
Provided, That where one of the parties demonstrates, and the court
finds, that there is good cause not to require immediate income
withholding, or in any case where there is filed with the court a
written agreement between the parties which provides for an
alternative arrangement, such order shall not provide for income
withholding to begin immediately. Any written agreement between
the parties providing for an alternative arrangement shall be in
substantially the same form as follows:
AGREEMENT OF ALTERNATIVE CHILD
SUPPORT ARRANGEMENT
Whereas, the parties hereto are the natural parents of (child)
which child support is required pursuant to W. Va. Code §48-2-15.
Whereas, the parties hereto are advised of and acknowledge the
automatic wage withholding provisions of W. Va. Code §48-2-15b.
Whereas, it is the desire of the parties to engage in an
alternative arrangement for child support pursuant to W. Va. Code §48-2-15b(b)(1).
Therefore, by acknowledgment of the parties herein, the
obligor will pay child support directly to the obligee unless and
until such time as the obligee desires automatic wage withholding
be initiated by the Child Support Enforcement Division.
______________________Date____________________
Obligee/Mother
______________________Date____________________
Obligor/Father
(d) The supreme court of appeals shall make available to the
circuit courts standard language to be included in all such orders,
so as to conform such orders to the applicable requirements of
state and federal law regarding the withholding from income of
amounts payable as support.
(e) Every support order entered by a circuit court of this
state prior to the effective date of this section shall be
considered to provide for an order of income withholding, by
operation of law, which complies with the provisions of this
section, notwithstanding the fact that such support order does not in fact provide for such order of withholding.
(f) The court shall consider the best interests of the child
in determining whether "good cause" exists under this section. The
court may also consider the obligor's payment record in determining
whether "good cause" has been demonstrated.
(g) The West Virginia support enforcement commission shall
promulgate legislative rules pursuant to chapter twenty-nine-a of
this code further defining the duties of the child support
enforcement division and the employer in wage withholding.
NOTE: The purpose of this bill is to include an appendix for
an agreement of alternative child support arrangement pursuant to
the provisions of §48-2-15b.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.