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Introduced Version Senate Bill 28 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 28

(By Senators Prezioso and Plymale)

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[Introduced January 9, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend and 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:
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 fourteen, chapter forty-eight 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 forty-eight 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 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 the present law, and underscoring indicates new language that would be added.
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