WVC 48 - 14 - 404
§48-14-404. Enforcement of withholding by Bureau for Child
The withholding from an obligor's income of amounts payable as
spousal or child support or fees awarded by a court of competent
jurisdiction to the state in connection with the establishment of
paternity and support or the enforcement of a support order shall
be enforced by the Bureau for Child Support Enforcement in
accordance with the provisions of part 4 of this article. If an
overpayment of spousal or child support occurs and an arrearage
exists, the Bureau for Child Support Enforcement shall first offset
the overpayment of spousal or child support against the arrearage.
If no arrearage exists with which to offset the overpayment or the
arrearage is not sufficient to offset the overpayment and the
obligee does not enter into a repayment agreement with the Bureau
for Child Support Enforcement, the Bureau for Child Support
Enforcement may issue an income withholding to the obligee's
employer to recoup the amount of the overpayment. The income
withholding shall be in the same manner as provided in this
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 2016 Regular Session
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