WVC 48 - 12 - 108
§48-12-108. Certain liabilities of parent for contributions under
the plan subject to enforcement; exceptions.
Any liability a parent may have for employee contributions
required under the plan for enrollment of the child is subject to
appropriate enforcement unless the parent contests the enforcement
based upon a mistake of fact, except that if enforcement of both
the full amount of cash child support and the full amount of
medical support violates the application provisions of 15 U.S.C.
§1673, Section 303(b) of the Consumer Credit Protection Act, then
the current month's cash child support shall receive priority, and
shall be deducted in full prior to any deduction being made for
payment of either current medical support or health insurance
premiums. If the employee contests the withholding in the manner
prescribed within the notice, the employer must initiate
withholding until such time as the employer receives notice that
the contest is resolved.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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