AN ACT to amend and reenact sections two hundred twenty-two, two hundred thirty-nine, three hundred two and three hundred four, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto eight new sections, designated sections two hundred thirty-three.one, two hundred thirty-three.two, two hundred thirty-five.one, two hundred thirty-five.two, two hundred thirty-five.three, two hundred thirty-five.four, two hundred thirty-five.five and three hundred seven; to amend and reenact section five hundred nine, article five of said chapter; to amend and reenact sections one hundred three and one hundred four, article eight of said chapter; to amend article nine of said chapter by adding thereto a new section, designated section six hundred four; to amend and reenact sections one hundred one, one hundred four, one hundred five, one hundred six, one hundred seven, one hundred eight, one hundred nine, one hundred ten, one hundred eleven, one hundred twelve, one hundred thirteen and one hundred fourteen, article twelve of said chapter; to further amend said article by adding thereto three new sections, designated sections one hundred fifteen, one hundred sixteen and one hundred seventeen; to amend and reenact sections four hundred one, four hundred two, four hundred three, four hundred four, five hundred one, five hundred two, five hundred three, eight hundred one and eight hundred two, article thirteen of said chapter; to further amend said article by adding thereto a new section, designated section eight hundred three; to amend and reenact section seven hundred one, article fourteen of said chapter; to amend and reenact section one hundred five, article eighteen of said chapter; to amend and reenact section one hundred three, article nineteen of said chapter; to amend and reenact section one hundred one, article twenty-four of said chapter; to amend and reenact sections two hundred two, two hundred three, two hundred four, two hundred five, two hundred six, three hundred one, three hundred nine, four hundred one, four hundred two, four hundred three, five hundred five, five hundred ten, nine hundred one, nine hundred two, nine hundred three, one thousand one, eleven hundred one and eleven hundred four, article twenty-seven of said chapter; to further amend said article by adding thereto three new sections, designated sections two hundred seven, two hundred eight and two hundred nine; to amend and reenact section seventeen, article one, chapter fifty-two of said code; and to amend and reenact sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code, all relating generally to substantive revisions in the recodification of domestic relations law; providing for the calculation of interest on support obligations, and the award or approval of prejudgment interest in a domestic relations action; providing for proceedings in contempt; providing for the collection of child or spousal support by collection agencies; authorizing court to enter protective order as temporary relief in divorce proceeding; providing for revising or altering an order concerning the maintenance of parties to an action for divorce or separate maintenance; describing the effect of fault or misconduct on an award for spousal support; eliminating the bar that denies spousal support if both parties prove a grounds for divorce, or if a party determined to be at fault has committed adultery, been convicted of a felony subsequent to the marriage or has abandoned or deserted for six months; creating a parent education and mediation fund in the state treasury; defining certain terms applicable to medical support enforcement; providing for use of the national medical support notice; revising terminology used in child support awards; making technical revisions to worksheets; revising archaic terminology; requiring enrollment of the child in a health- care coverage plan; establishing the obligation of an employer to transfer the national medical support notice to the appropriate plan; establishing notice requirements for certain newly hired employees; requiring a notice upon termination of a parent's employment; making the liability of a parent for employee contributions subject to appropriate enforcement; providing a parent with a description of the coverage available, and other documents; requiring notice of coverage to the IV-D agency; describing the employer's duties upon service of a national medical support notice; describing the employer's duties where a parent is required by court or administrative order to provide health care coverage; providing that the signature of the custodian for a child constitutes a valid authorization to an insurer; describing the obligations of an insurer; providing for the transfer of notice upon an obligated parent's change of unemployment; establishing eligibility of a child until emancipation or termination of the child from coverage; providing for contempt and other remedies if an obligated parent fails to comply with an order to provide insurance coverage; establishing a mandatory date for the use of the national medical support notice; providing for the payment of arrearages or reimbursement support when the obligor is not paying a current child support obligation; setting forth the general duties and powers of the bureau for child support enforcement; setting forth the duties of bureau for child support enforcement attorneys; providing for the jurisdiction of courts over paternity proceedings; requiring that a copy of the complaint be served on the person whose name appears as the father on the birth certificate if the proceeding is brought against another person; defining and redefining terms used in domestic violence proceedings; revising procedures for domestic violence petitions; providing for emergency protective orders; providing for hearings on final protective orders; establishing appeal process and standard of review; providing for proceedings in contempt and criminal complaints; establishing misdemeanor offense and criminal penalties; authorizing arrest for violations; requiring forms; requiring judicial education; providing for the manner in which jury costs are to be deposited in the state treasury; increasing certain fees to be charged by the clerk of the circuit court; and providing for the disposition of filing fees in divorce and other civil actions.

Be it enacted by the Legislature of West Virginia:
That sections two hundred twenty-two, two hundred thirty-nine, three hundred two and three hundred four, article one, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article be further amended by adding thereto eight new sections, designated sections two hundred thirty-three.one, two hundred thirty- three.two, two hundred thirty-five.one, two hundred thirty- five.two, two hundred thirty-five.three, two hundred thirty- five.four, two hundred thirty-five.five and three hundred seven; that section five hundred nine, article five of said chapter be amended and reenacted; that sections one hundred three and one hundred four, article eight of said chapter be amended and reenacted; that article nine of said chapter be amended by adding thereto a new section, designated section six hundred four; that sections one hundred one, one hundred four, one hundred five, one hundred six, one hundred seven, one hundred eight, one hundred nine, one hundred ten, one hundred eleven, one hundred twelve, one hundred thirteen and one hundred fourteen, article twelve of said chapter; that said article be further amended by adding thereto three new sections, designated sections one hundred fifteen, one hundred sixteen and one hundred seventeen; that sections four hundred one, four hundred two, four hundred three, four hundred four, five hundred one, five hundred two, five hundred three, eight hundred one and eight hundred two, article thirteen of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section eight hundred three; that section seven hundred one, article fourteen of said chapter be amended and reenacted; that section one hundred five, article eighteen of said chapter be amended and reenacted; that section one hundred three, article nineteen of said chapter be amended and reenacted; that section one hundred one, article twenty-four of said chapter be amended and reenacted; that section two hundred two, two hundred three, two hundred four, two hundred five, two hundred six, three hundred one, three hundred nine, four hundred one, four hundred two, four hundred three, five hundred five, five hundred ten, nine hundred one, nine hundred two, nine hundred three, one thousand one, eleven hundred one and eleven hundred four, article twenty-seven of said chapter be amended and reenacted; that said article be further amended by adding thereto three new sections, designated sections two hundred seven, two hundred eight and two hundred nine; that section seventeen, article one, chapter fifty-two of said code be amended and reenacted; and that sections eleven and twenty-eight-a, article one, chapter fifty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

§48-1-304. Proceedings in contempt.
(a) Upon a verified petition for contempt, notice of hearing and hearing, if the petition alleges criminal contempt or the court informs the parties that the matter will be treated and tried as a criminal contempt, the matter shall be tried in the circuit court before a jury, unless the party charged with contempt shall knowingly and intelligently waive the right to a jury trial with the consent of the court and the other party. If the jury, or the circuit court sitting without a jury, shall find the defendant in contempt for willfully failing to comply with an order of the court made pursuant to the provisions of articles three, four, five, eight, nine, eleven, twelve, fourteen and fifteen, as charged in the petition, the court may find the person to be in criminal contempt and may commit such person to the county jail for a determinate period not to exceed six months.
(b) If trial is had under the provisions of subsection (a) of this section and the court elects to treat a finding of criminal contempt as a civil contempt, and the matter is not tried before a jury and the court finds the defendant in contempt for willfully failing to comply with an order of the court made pursuant to the provisions of articles three, four, five, eight, nine, eleven, twelve, fourteen and fifteen, and if the court further finds the person has the ability to purge himself of contempt, the court shall afford the contemnor a reasonable time and method whereby he may purge himself of contempt. If the contemnor fails or refuses to purge himself of contempt, the court may confine the contemnor to the county jail for an indeterminate period not to exceed six months or until such time as the contemnor has purged himself, whichever shall first occur. If the petition alleges civil contempt, the matter shall be heard by the family court. The family court has the same power and authority as the circuit court under the provisions of this section for criminal contempt proceedings which the circuit court elects to treat as civil contempt.
(c) In the case of a charge of contempt based upon the failure of the defendant to pay alimony, child support or separate maintenance, if the court or jury finds that the defendant did not pay because he was financially unable to pay, the defendant may not be imprisoned on charges of contempt of court.
(d) Regardless of whether the court or jury finds the defendant to be in contempt, if the court shall find that a party is in arrears in the payment of alimony, child support or separate maintenance ordered to be paid under the provisions of this article, the court shall enter judgment for such arrearage and award interest on such arrearage from the due date of each unpaid installment. Following any hearing wherein the court finds that a party is in arrears in the payment of alimony, child support or separate maintenance, the court may, if sufficient assets exist, require security to ensure the timely payment of future installments.
(e) At any time during a contempt proceeding, the court may enter an order to attach forthwith the body of, and take into custody, any person who refuses or fails to respond to the lawful process of the court or to comply with an order of the court. Such order of attachment shall require the person to be brought forthwith before the court or the judge thereof in any county in which the court may then be sitting.

§48-1-307. Collection of child or spousal support by collection agencies.

(a) Any person attempting to collect a child or spousal support obligation or arrearage on behalf of a resident or from a resident of this state is subject to the provisions of article sixteen, chapter forty-seven of this code, and the provisions of this section, and is otherwise subject to the jurisdiction of this state.
(b) The amount of delinquent child or spousal support or arrearage established by order of a court of competent jurisdiction in this state is not subject to waiver or compromise, either by agreement of the parties or by a collection agency acting on behalf of a party and may only be modified by an order of a court of competent jurisdiction.
(c) No child or spousal support or arrearage of child or spousal support collected by the state IV-D agency may be redirected to any collection agency.
(d) No collection agency attempting to collect a child or spousal support obligation or arrearage on behalf of a resident or from a resident of this state may include any funds collected by a IV-D agency in the amount from which their fee is determined or collected.
(e) No collection agency, other than an attorney licensed to practice law in this state, attempting to collect a child support or spousal support obligation or arrearage may engage in conduct which is considered the practice of law, including, but not limited to:
(1) The performance of legal services, the offering of legal advice or the making of a false representation, directly or by implication, that a person is an attorney;
(2) Any communication with persons in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and
(3) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.
(f) No collection agency may collect or attempt to collect any money alleged to be due and owing by any threat, coercion or attempt to coerce, including, but not limited to:
(1) The use, or the express or implicit threat of use, of violence or other criminal means, to cause harm to the person, reputation or property of any person;
(2) The accusation or threat to accuse any person of fraud, of any crime, or of any conduct which, if true, would tend to disgrace the other person or in any way subject them to ridicule or contempt of society;
(3) False accusations made to another person, including any credit reporting agency, that a person is willfully refusing to pay a just claim, or the threat to make such false accusations;
(4) The threat that nonpayment of an alleged claim will result in the arrest of any person, or of the taking of any other action requiring judicial sanction, without informing the person that there must be in effect a court order permitting the action before it can be taken; and
(5) The threat to take any action prohibited by this section or other law regulating the conduct of a collection agency.
(g) No collection agency may unreasonably oppress or abuse any person in connection with the collection of or attempt to collect any child or spousal support obligation or arrearage, including, but not limited to:
(1) The use of profane or obscene language or language that is intended to unreasonably abuse the listener or reader;
(2) The placement of telephone calls without disclosure of the caller's identity and with the intent to annoy, harass or threaten any person at the called number;
(3) Causing expense to any person in the form of long distance telephone tolls, telegram fees or other charges incurred by a medium of communication, by concealment of the true purpose of the communication; and
(4) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously, or at unusual times or at times known to be inconvenient, with intent to annoy, abuse, oppress or threaten any person at the called number.
(h) No collection agency may unreasonably publicize information relating to any alleged child or spousal support obligation or arrearage, including, but not limited to:
(1) The communication to any employer or his or her agent of any information relating to an employee's indebtedness other than through proper legal action, process or proceeding;
(2) The disclosure, publication, or communication of information relating to a child or spousal support obligation or arrearage to any relative or family member of the obligor, except through proper legal action or process or at the express and unsolicited request of the obligor;
(3) The disclosure, publication or communication of any information relating to an obligor's child or spousal support obligation or arrearage to any other person other than a credit reporting agency, by publishing or posting any list of persons, commonly known as "deadbeat lists," or in any manner other than through proper legal action, process or proceeding; and
(4) The use of any form of communication to the obligor, which ordinarily may be seen by any other person, that displays or conveys any information about the alleged claim other than the name, address and telephone number of the collection agency.
(i) No collection agency may use any fraudulent, deceptive or misleading representation or means to collect or attempt to collect claims or to obtain information concerning support obligors, including, but not limited to:
(1) The use of any business, company or organization name while engaged in the collection of claims, other than the true name of the collection agency's business, company or organization;
(2) Any false representation that the collection agency has in its possession information or something of value for the obligor with the underlying purpose of soliciting or discovering information about the person;
(3) The failure to clearly disclose the name of the person to whom the claim is owed, at the time of making any demand for money;
(4) Any false representation or implication of the character, extent or amount of a claim against an obligor or of the status of any legal proceeding;
(5) Any false representation or false implication that any collection agency is vouched for, bonded by, affiliated with an agency, instrumentality, agent or official of this state or of the federal or local government;
(6) The use, distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued or approved by a court, an official or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization or approval;
(7) Any representation that an existing obligation of the obligor may be increased by the addition of attorney's fees, investigation fees, service fees or any other fees or charges when in fact the fees or charges may not legally be added to the existing obligation; and
(8) Any false representation or false impression about the status or true nature of the services rendered by the collection agency.
(j) No collection agency may use unfair or unconscionable means to collect or attempt to collect any claim, including, but not limited to:
(1) The collection of or the attempt to collect any interest in excess of that interest authorized by the provisions of this chapter, or other charge, fee or expense incidental to the principal obligation that exceeds ten percent of the principal amount from an obligor or obligee; and
(2) Any communication with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondence, return telephone calls or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication.
(k) No collection agency may use, distribute, sell or prepare for use any written communication which violates or fails to conform to United States postal laws and regulations.
(l) No collection agency may place a telephone call or otherwise communicate by telephone with an obligor at any place, including a place of employment, falsely stating that the call is "urgent" or an "emergency".
(m) No collection agency may attempt to collect any portion of a fee from any money collected by any other entity or authority. The collection agency may only collect a fee from funds procured solely through its collection activities.
(n) A collection agency must provide the state IV-D agency with an accounting of any money collected and forwarded to the obligee as child support, spousal support, or arrearages every sixty days until the collection agency ceases all collection activity.
(o) Any resident of this state who contracts for services with a collection agency to collect child support, spousal support arrearages may, upon thirty days written notice, cancel the contract for collection. The notice must be mailed to the collection agency by first class mail. All contracts signed by residents of this state must include written notification of this right of cancellation.
(p) Any person who violates the provisions of this section is subject to the penalties set forth in section 47-16-5 and section 11-12-9.
(q) Any person who violates the provisions of this section is liable to the injured party in a civil action. Additionally, any person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars for each separate incident.
(r) For any action filed pursuant to this section alleging illegal, fraudulent or unconscionable conduct or any prohibited debt collection practice, the court, in its discretion, may award all or a portion of the costs of litigation, including reasonable attorney fees, court costs and fees, to the injured party. Upon a finding by the court that an action filed pursuant to this section on the grounds of illegal, fraudulent or unconscionable conduct or any prohibited debt collection practice was brought in bad faith and for the purposes of harassment, the court may award the defendant reasonable attorney fees.

ARTICLE 5. DIVORCE.
§48-5-509. Enjoining abuse, emergency protective order.
(a) The court may enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other, or interfering with the custodial or visitation rights of the other. This order may enjoin the offending party from:
(1) Entering the school, business or place of employment of the other for the purpose of molesting or harassing the other;
(2) Contacting the other, in person or by telephone, for the purpose of harassment or threats; or
(3) Harassing or verbally abusing the other in a public place.
(b) Any order entered by the court to protect a party from abuse may grant any other relief that may be appropriate for inclusion under the provisions of article twenty-seven of this chapter.
(c) The court, in its discretion, may enter a protective order, as provided in article twenty-seven of this chapter, as part of the temporary relief in a divorce action.

§48-8-104. Effect of fault or misconduct on award of spousal support.

§48-12-105. Employer's obligation to transfer notice to appropriate plan.

§48-12-108. Certain liabilities of parent for contributions under the plan subject to enforcement; exceptions.

§48-12-109. Custodial parent to receive coverage information, documents.

§48-12-110. Employer, union to notify IV-D agency within forty days of receipt of notice.

§48-12-111. Employer's duties upon service of national medical support notice.

§48-12-112. Employer's duties where court-ordered coverage
available.

§48-12-113. Signature of custodian of child is valid authorization to insurer; insurer's obligations.

§48-12-114. Notice to be transferred on parent's change of employment.

§48-12-115. Insurer to notify custodian when obligated parent's employment is terminated or coverage is denied, modified or terminated; explanation of conversion privileges; employer to notify bureau of termination.

§48-12-116. Child is eligible for coverage until emancipated; remedies available if obligated parent fails to provide ordered coverage; failure to maintain coverage is basis for modification of support order.

§48-12-117. Mandatory date for use the national medical support notice.

Part 4. support in basic shared parenting cases.

§48-13-401. Basic child support obligation in basic shared parenting.

For basic shared parenting cases, the total child support obligation consists of the basic child support obligation plus the child's share of any unreimbursed health care expenses, work- related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court less any extraordinary credits agreed to by the parents or ordered by the court.

§48-13-402. Division of basic child support obligation in basic shared parenting.

For basic shared parenting cases, the total basic child support obligation is divided between the parents in proportion to their income. From this amount is subtracted the payor's direct expenditures of any items which were added to the basic child support obligation to arrive at the total child support obligation.

§48-13-403. Worksheet for calculating basic child support obligation in basic shared parenting cases.

Child support for basic shared parenting cases shall be calculated using the following worksheet: