Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 595 History

OTHER VERSIONS  -  Enrolled Version - Final Version  |  DOWNLOAD  wpd  |  Email


sb595 intr
Senate Bill No. 595

(By Senators Prezioso, Deem, Plymale and Kessler)

____________

[Introduced March 16, 2009; referred to the Committee on the Judiciary.]

____________




A BILL to amend and reenact §9-3-4 of the Code of West Virginia, 1931, as amended, relating to the assignment of child support; and replacing antiquated language.

Be it enacted by the Legislature of West Virginia:
That §9-3-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-4. Assignment of support obligations.
Any recipient of financial assistance under the program of state and federal assistance established by Title IV of the federal Social Security Act of 1965, as amended, or any successor act thereto, shall, as a condition of receiving such assistance funded under this part, assign to the Department of Health and Human Resources all rights, title and interest any right the family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to the receipt of support and maintenance moneys from any other person, not exceeding the total amount of assistance provided to the family, which accrue (or have accrued) before the date the family ceases to receive accrues during the period that the family receives assistance under the program. The assignment, on and after the date the family ceases to receive assistance under the program, does not apply with respect to any support (other than support collected pursuant to 42 U.S.C. §664) which accrued before the family received such assistance and which the state has not collected by the date the family ceases to receive assistance under the program.
Persons responsible for support and maintenance shall include all persons who under the laws of the state of West Virginia owe obligations of support or maintenance to a child or to the caretaker of a child. The assignment contemplated herein shall include all amounts of support and maintenance which accrued to the recipient of assistance and was not received prior to the recipient's receipt of assistance, and all amounts of support and maintenance which accrue during recipient's receipt of assistance: Provided, That subject to applicable federal and state laws, the assignment may not exceed the total amount of assistance provided to the family.
Each applicant for assistance subject to the assignment established herein in this section shall (during the application process) be informed in writing of the nature of the assignment.
Any payment of federal and state assistance made to or for the benefit of any child or children or the caretaker of a child or children creates a debt due and owing to the Department of Health and Human Resources by the person or persons responsible for the support and maintenance of such the child, children or caretaker in an amount equal to the amount of assistance money paid: Provided, That the debt shall be is limited by the amount established in any court order or final decree of divorce if the amount in such the order or decree is less than the amount of assistance paid.
The assignment hereunder under this section shall subrogate the Department of Health and Human Resources to the rights of the child, children or caretaker to the prosecution or maintenance of any action or procedure existing under law providing a remedy whereby the Department of Health and Human Resources may be reimbursed for moneys expended on behalf of the child, children or caretaker. The Department of Health and Human Resources shall further be subrogated to the debt created by any order or decree awarding support and maintenance to or for the benefit of any child, children or caretaker included within the assignment hereunder under this section and shall be empowered to receive such money judgments and endorse any check, draft, note or other negotiable document in payment thereof.
The assignment created hereunder under this section shall be released upon closure of the assistance case and the termination of assistance payments except for such support and maintenance obligations accrued and owing at the time of closure which shall be are necessary to reimburse the department for any balance of assistance payments made.
The Department of Health and Human Resources may, at the election of the recipient, continue to receive support and maintenance moneys on behalf of the recipient following closure of the assistance case and shall distribute such the moneys to the caretaker, child or children. The department of health and human resources shall notify in writing all appropriate persons of the terms of the release of assignment hereunder.
_______


(NOTE: The purpose of this bill is to bring the statute regarding subrogation into compliance with the federal Deficit Reduction Act of 2005.

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


JUDICIARY COMMITTEE AMENDMENT


By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 595--A Bill to amend and reenact §9-3-4 of the Code of West Virginia, 1931, as amended, relating to the assignment of child support; and replacing antiquated language.




This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **