H. B. 2350



(By Delegate Webb)



[Introduced
January 16, 2003
; referred to the



Committee on the Judiciary.]
A BILL to amend and reenact section two hundred thirty-four,
article one, chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
enforcement of family obligations; and including within the
definition of obligee a child, after the child's eighteenth
birthday and prior to the child's twenty-first birthday, with
respect to whom there is an outstanding amount of unpaid
accrued support.
Be it enacted by the Legislature of West Virginia:

That section two hundred thirty-four, article one, 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 1. GENERAL PROVISIONS; DEFINITIONS.
§48-1-234. Obligee defined.

"Obligee" means:

(1) An individual to whom a duty of support is or is alleged
to be owed or in whose favor a support order has been issued or a
judgment determining parentage has been rendered;

(2) A state or political subdivision to which the rights under
a duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an
individual obligee; or

(3) An individual seeking a judgment determining parentage of
the individual's child; or

(4) A child in his or her own right at any time after the
child's eighteenth birthday and prior to the child's twenty-first
birthday, with respect to whom there is an outstanding amount of
unpaid accrued support.

NOTE: The purpose of this bill is to allow a child, after the
child's eighteenth birthday and prior to the child's twenty-first
birthday, to seek unpaid accrued child support.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.