Senate Bill No. 491
(By Senator Bowman)
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[Introduced February 11, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section eight hundred one, article
fourteen, chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
authorizing the bureau for child support enforcement to reduce
monthly support payments when there has been an overpayment by
an obligor.
Be it enacted by the Legislature of West Virginia:
That section eight hundred one, article fourteen, 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 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.
§48-14-801. When monthly payments may be increased to satisfy
overdue support; reduction for overpayments.
(a) For the purpose of securing overdue support, the bureau for child support enforcement has the authority to increase the
monthly support payments of an obligor by as much as one hundred
dollars per month to satisfy the arrearage when:
(1) An obligor has failed to make payments as required by a
support order and arrears are equal to an amount of support payable
for six months if the order requires support to be paid in monthly
installments; or
(2) An obligor has failed to make payments as required by a
support order and arrears are equal to an amount of support payable
for twenty-seven weeks if the order requires support to be paid in
weekly or biweekly installments.
(b) An increase in monthly support under this section will be
in addition to any amounts withheld from income pursuant to part 4
of this article.
(c) This increase in monthly support may be enforced through
the withholding process.
(d) When there has been an overpayment of monthly support, the
bureau for child support enforcement has the authority to reduce
the monthly support payments of an obligor by as much as one
hundred dollars in order to recoup overpayments.
NOTE: The purpose of this bill is to authorize the Bureau for
Child Support Enforcement to reduce monthly support payments when
there has been an overpayment.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.