WVC 48 - 11 - 107
§48-11-107. Modification resulting in reduction and overpayment
In any proceeding filed after the first day of January, two
thousand one, where a petition to modify child support is granted
which results in a reduction of child support owed so that the
obligor has overpaid child support, the court shall grant a
decretal judgment to the obligor for the amount of the overpayment.
The court shall inquire as to whether a support arrearage was owed
by the obligor for support due prior to the filing of the petition
for modification. If an arrearage exists, the court shall order an
offset of the overpayment against the child support arrearages. If
no prior arrearage exists or if the arrearage is not sufficient to
offset the overpayment, then the court may direct the bureau for
child support enforcement to collect the overpayment through income
withholding, if the person has, in the court's opinion, sufficient
income other than the child support received. The income
withholding shall be in all respects as provided for in part
14-401, et seq., except that in no circumstances may the amount
withheld exceed thirty-five percent of the disposable earnings for
the period, regardless of the length of time that the overpayment
has been owed.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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