(a) For the purpose of securing overdue support, the Bureau for Child Support Enforcement has the authority to increase the monthly support payments of an obligor by as much as $100 per month to satisfy the arrearage when:
(1) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for six months if the order requires support to be paid in monthly installments; or
(2) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for twenty-seven weeks if the order requires support to be paid in weekly or biweekly installments.
(b) For the purpose of securing overdue support, the Bureau for Child Support Enforcement has the authority to increase the monthly support payments of an obligor by as much as $200 per month to satisfy the arrearage when:
(1) An obligor's gross income equals or exceeds $65,000; and
(2) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for twelve months if the order requires support to be paid in monthly installments; or
(3) An obligor has failed to make payments as required by a support order and arrears are equal to an amount of support payable for fifty-four weeks if the order requires support to be paid in weekly or biweekly installments.
(c) An increase in monthly support under this section will be in addition to any amounts withheld from income pursuant to this article.
(d) This increase in monthly support may be enforced through the withholding process.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 14. Remedies for the Enforcement of Support Obligations
§48-14-101. When Action May Be Brought for Child Support Order
§48-14-102. Who May Bring Action for Child Support Order
§48-14-103. Venue for Action for Child Support Order
§48-14-104. Obligee May Seek Spousal Support in Addition to Child Support
§48-14-105. Mandatory Provision for Wage Withholding
§48-14-106.Modification. Of Support Order
§48-14-108. Deceased Parties in Support Cases
§48-14-201. Arrearages Stand by Operation of Law as Judgment Against Support Obligor
§48-14-202. Registration of Foreign Order
§48-14-203. Affidavit of Accrued Support
§48-14-204. Execution and Notice
§48-14-205. Circuit Clerk to Provide Form Affidavits
§48-14-206. Priority Over Other Legal Process
§48-14-207. Amount to Be Withheld From Income
§48-14-208. Filing of False Affidavit Constitutes False Swearing
§48-14-209. Application to Support Orders of Another State
§48-14-210. Application to Income Withholding
§48-14-301. Liens Against Real Property by Operation of Law
§48-14-302. Affidavit of Accrued Support
§48-14-303. Registration of Foreign Order
§48-14-304. Full Faith and Credit to Liens Arising in Another State
§48-14-306. Filing of False Affidavit Constitutes False Swearing
§48-14-307. Application to Support Orders of Another State
§48-14-308. Enforcement by the Bureau for Child Support Enforcement of Lien on Real Property
§48-14-401. Support Orders to Provide for Withholding From Income
§48-14-402. Commencement of Withholding From Income Without Further Court Action
§48-14-403. Exception to Requirement for Automatic Withholding From Income
§48-14-404. Enforcement of Withholding by Bureau for Child Support Enforcement
§48-14-405. Information Required in Notice to Obligor
§48-14-406. Notice to Source of Income; Withholding in Compliance With Order
§48-14-407. Contents of Notice to Source of Income
§48-14-408. Determination of Amounts to Be Withheld
§48-14-409. Time for Implementing Withholding
§48-14-410. Sending Amounts Withheld to Bureau; Notice
§48-14-411. Time Withholding Is to Stay in Effect
§48-14-412. Notice of Termination of Employment or Receipt of Income
§48-14-413. Combining Withheld Amounts
§48-14-414. Sending Amounts Withheld to Division; Notice
§48-14-415. Misdemeanor Offense of Concealing Payment of Income to Obligor; Penalty
§48-14-416. Request to Source of Income for Information Regarding Payment of Income
§48-14-417. Priority of Support Collection Over Other Legal Process
§48-14-418. Misdemeanor Offense for Source of Income's Action Against an Obligor; Penalty
§48-14-501. Commencement of Contempt Action
§48-14-502. Willful Failure or Refusal to Comply With Order to Pay Support
§48-14-503. Limitation on Length of Commitment
§48-14-504. Violation of Work Release Conditions
§48-14-505. Misdemeanor Offense of Escape From Custody; Penalty
§48-14-602. Use of Automated Administrative Enforcement
§48-14-603. Enforcing Support Orders Through Automated Administrative Enforcement
§48-14-701. Posting of Bonds or Giving Security to Guarantee Payment of Overdue Support
§48-14-801. When Monthly Payments May Be Increased to Satisfy Overdue Support
§48-14-802. Notice of Increase in Monthly Payments to Satisfy Overdue Support
§48-14-803. Application to Support Orders of Courts of Competent Jurisdiction
§48-14-901. Procedure When Person Contests Action Proposed to Be Taken Against Him
§48-14-1001. Misrepresentation of Delinquent Support Payments; Penalty