H. B. 2985
(By Delegates Amores, Ashley and Webster)
[Introduced February 9, 2007;
referred to the Committee on the Judiciary.]
A BILL to amend an reenact §38-3-18 of the Code of West Virginia,
1931, as amended, relating to
establishing that an income
withholding tolls the running of the statute of limitations in
child support matters; and providing that the statute of
limitations on a child support debt begins to run when the
last child that is the subject of the order emancipates.
Be it enacted by the Legislature of West Virginia:
That §38-3-18 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
CHAPTER 38. LIENS.
ARTICLE 38. JUDGMENT LIENS.
§38-3-18.Limitations on enforcement of judgments.
(a)On a judgment, execution or an income withholding as
provided in article 14, chapter 48 of this code may be issued
within ten years after the date thereof. Where execution or an
income withholding issues within ten years as aforesaid, other executions or income withholdings may be issued on such judgment
within ten years from the return day of the last execution or date
of last income withholding issued thereon, on which there is no
return by an officer, or which has been returned unsatisfied or on
which no payment has been withheld.
(b)An execution may be issued upon a judgment for child or
spousal support, as those terms are defined in chapter 48 of this
code, within ten years after the emancipation of the child:
Provided, That in cases where the support order is for more than
one child, the limitations set for in subsection (a) of this
section commence when the youngest child that is the subject of the
order on which the execution is based reaches the age of eighteen
or is otherwise legally emancipated.
(c)An action, suit or scire facias may be brought upon a
judgment where there has been a change of parties by death or
otherwise at any time within ten years next after the date of the
judgment; or within ten years from the return day of the last
execution or income withholding as provided in article 14, chapter
48 of this code issued thereon on which there is no return by an
officer or which has been returned unsatisfied. But if such
action, suit or scire facias be against the personal representative
of a decedent, it shall be brought within five years from the
qualification of such representative.
NOTE: The purpose of this bill is allow the issuance of an
income withholding by the Bureau for Child Support Enforcement to
toll the running of the statute of limitations in child support
cases and to provide that the statute of limitations begins to run
when the last child included in the order emancipates.
Strike-throughs indicate language that would be stricken from
present law, and underscoring indicates new language that would be
added.