Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
WEST VIRGINIA CODE
‹ Back  |  print page Print
WVC 48 - 16 - 401
PART IV. ESTABLISHMENT OF SUPPORT ORDER.

§48-16-401. PETITION TO ESTABLISH SUPPORT ORDER.

     (a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

     (1) The individual seeking the order resides outside this state; or

     (2) The support enforcement agency seeking the order is located outside this state.

     (b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

     (1) A presumed father of the child;

     (2) Petitioning to have his paternity adjudicated;

     (3) Identified as the father of the child through genetic testing;

     (4) An alleged father who has declined to submit to genetic testing;

     (5) Shown by clear and convincing evidence to be the father of the child;

     (6) An acknowledged father as provided by applicable state law;

     (7) The mother of the child; or

     (8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

     (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 16-305 [§48-16-305].

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2015 West Virginia Legislature **