(a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in part VI.
(b) Notwithstanding sections 311 [§48-16-311] and 602(a) [§48-16-602(a)], a request for registration of a convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country;
(c) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 707 [§48-16-707] only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 16. Uniform Interstate Family Support Act
§48-16-103. State Tribunal and Support Enforcement Agency
§48-16-104. Remedies Cumulative
§48-16-105. Application of Article to Resident of Foreign Country and Foreign Support Proceeding
§48-16-201. Bases for Jurisdiction Over Nonresident
§48-16-202. Duration of Personal Jurisdiction
§48-16-203. Initiating and Responding Tribunal of State
§48-16-204. Simultaneous Proceedings
§48-16-205. Continuing, Exclusive Jurisdiction to Modify Child Support Order
§48-16-206. Continuing Jurisdiction to Enforce Child Support Order
§48-16-207. Determination of Controlling Child Support Order
§48-16-208. Child Support Orders for Two or More Obligees
§48-16-209. Credit for Payments
§48-16-210. Application of Article to Nonresident Subject to Personal Jurisdiction
§48-16-211. Continuing, Exclusive Jurisdiction to Modify Spousal Support Order
§48-16-301. Proceeding Under Article
§48-16-302. Proceeding by Minor Parent
§48-16-303. Application of Law of State
§48-16-304. Duties of Initiating Tribunal
§48-16-305. Duties and Powers of Responding Tribunal
§48-16-306. Inappropriate Tribunal
§48-16-307. Duties of Support Enforcement Agency
§48-16-310. Duties of State Information Agency
§48-16-311. Pleadings and Accompanying Documents
§48-16-312. Nondisclosure of Information in Exceptional Circumstances
§48-16-314.Limited. Immunity of Petitioner
§48-16-315. Nonparentage as Defense
§48-16-316. Special Rules of Evidence and Procedure
§48-16-317. Communications Between Tribunals
§48-16-318. Assistance With Discovery
§48-16-319. Receipt and Disbursement of Payments
§48-16-401. Petition to Establish Support Order
§48-16-402. Proceeding to Determine Parentage
§48-16-501. Employer's Receipt of Income Withholding Order of Another State
§48-16-502. Employer's Compliance With Income Withholding Order of Another State
§48-16-503. Employer's Compliance With Two or More Income Withholding Orders
§48-16-504. Immunity From Civil Liability
§48-16-505. Penalties for Noncompliance
§48-16-506. Contest by Obligor
§48-16-507. Administrative Enforcement of Orders
§48-16-601. Registration of Order for Enforcement
§48-16-602. Procedure to Register Order for Enforcement
§48-16-603. Effect of Registration for Enforcement
§48-16-605. Notice of Registration of Order
§48-16-606. Procedure to Contest Validity or Enforcement of Registered Support Order
§48-16-607. Contest of Registration or Enforcement
§48-16-609. Procedure to Register Child Support Order of Another State for Modification
§48-16-610. Effect of Registration for Modification
§48-16-611. Modification of Child Support Order of Another State
§48-16-612. Recognition of Order Modified in Another State
§48-16-614. Notice to Issuing Tribunal of Modification
§48-16-615. Jurisdiction to Modify Child Support Order of Foreign Country
§48-16-616. Procedure to Register Child Support Order of Foreign Country for Modification
§48-16-703. Relationship of Bureau for Child Support Enforcement to United States Central Authority
§48-16-704. Initiation by Bureau for Child Support Enforcement Proceeding Under Convention
§48-16-706. Registration of Convention Support Order
§48-16-707. Contest of Registered Convention Support Order
§48-16-708. Recognition and Enforcement of Registered Convention Support Order
§48-16-709. Partial Enforcement
§48-16-710. Foreign Support Agreement
§48-16-711. Modification of Convention Child Support Order
§48-16-712. Personal Information: Limit on Use
§48-16-713. Record Original Language: English Translation
§48-16-801. Grounds for Rendition
§48-16-802. Conditions of Rendition
§48-16-901. Uniformity of Application and Construction