WVC 48 - 1 - 306
§48-1-306. Proceeding for release of support lien.
If any person deem that his or her interest, or that of any
person for whom he or she may act in a fiduciary or representative
capacity, will be promoted by a release, in full or in part, of a
lien created upon his or her real or personal property for the
support or maintenance of another person or persons, or for spousal
or child support, he or she may apply by petition, in a summary
way, to the court that entered the order or decree creating such
lien for relief from said order. The petition shall be verified
and shall describe said lien, the circumstances of the petitioner
or the person for whom he is acting, the name or names of the
person or persons holding such lien, and the circumstances
calculated to show the propriety of the release requested. All
persons interested shall be made defendants and shall be given ten
days' notice before hearing upon the petition. If authorized by
the court, the release may be so conditioned as to promote
substantial justice, but the release may only be prospective in
effect, and may not operate to deprive the person secured by the
lien of the right to receive spousal or child support payments
accrued to the date of the hearing.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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