Senate Bill No. 455

(By Senator Sypolt)

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[Introduced February 8, 2011; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-135, relating to having the state pay delinquent child support payments; and having the Bureau for Child Support Enforcement collect payments from delinquent parents.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §48-18-135, to read as follows:

ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.

§48-18-135. State payment of delinquent child support payments;                 and recoupment of payments.

    (a) After an order for child support has become delinquent, the Bureau for Child Support Enforcement shall issue payments of said order due to a parent whether the delinquent parent has been found or whether any money has been collected from the delinquent parent. The funds for these payments are to come from the Child Support Enforcement Fund created in section one hundred seven, article eighteen, chapter forty-eight of this code.

    (b) The commissioner of the Bureau for Child Support Enforcement may promulgate rules in accordance with chapter twenty-nine-a of this code about the disbursement of payments and collection of those payments from delinquent parents.

    NOTE: The purpose of this bill is for the state to make child support payments to parents due money from delinquent orders and for the commissioner to promulgate rules for the disbursement and future collection of these payments.

    This section is new; therefore, strike-throughs and underscoring have been omitted.