(a) An obligor or an obligee under a child support order may seek and obtain the assistance of the Bureau for Child Support Enforcement to perform a recalculation of the support amount and prepare and present a petition seeking modification of a child support order and the presentation of a proposed order modifying support to the family court.
(b) A request for services authorized by this section shall constitute an application for services from the Bureau for Child Support Enforcement.
(c) The duties and actions directed or authorized when a request is made pursuant to this section shall be exercised by the employees and agents of the Bureau for Child Support Enforcement under the supervision and direction of Bureau for Child Support Enforcement attorneys as part of, and in addition to, their duties as set out in section one hundred three, article nineteen of this chapter.
(d) In performing its duties under this section, the Bureau for Child Support Enforcement is authorized to issue subpoenas and subpoenas duces tecum, pursuant to the provisions of section one hundred twenty-three of this article, to require an obligor or obligee to produce and permit inspection and copying of designated books, papers, documents or tangible things pursuant to Rule 45 of the Rules of Civil Procedure or section one hundred twenty-three of this article.
(e) When the Bureau for Child Support Enforcement is authorized or required by this section to notify or give notice to a party, the notice shall be given in the same manner as required for service of a petition for modification of support filed with the family court.
(f) The procedures and forms used shall provide that one party may request that their residential address and the address and identity of the employer not be revealed to another party.
(g) The Bureau for Child Support Enforcement may refuse to accept a request or take action on a request for assistance if it determines there are existing ongoing proceedings which would create a conflict, or if it determines that the request was not in good faith based on the allegations made, a history of multiple such requests or other information. If the Bureau for Child Support Enforcement makes a determination to refuse the request for assistance, it shall notify the party making the request for assistance and if the responding party has already been notified of the request, the responding party.
(h) The Bureau for Child Support Enforcement shall prepare an explanation of the process and procedures it will use to process the request for assistance under this section. The explanation shall be made available generally to the public, given to every person who makes a request and included with the notice to the responding party.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 18. Bureau for Child Support Enforcement
§48-18-102. Appointment of Commissioner; Duties; Compensation
§48-18-103. Organization and Employees
§48-18-104. Supervisory Responsibilities Within the Bureau for Child Support Enforcement
§48-18-105. General Duties and Powers of the Bureau for Child Support Enforcement
§48-18-106. Notice to Unemployed Obligor
§48-18-107. Creation of Child Support Enforcement Fund; Purpose; Funding; Disbursements
§48-18-110. Attorneys Representing State
§48-18-111. Establishment of Parent Locator Service
§48-18-112. Cooperation With Other States in the Enforcement of Child Support
§48-18-113. Disbursements of Amounts Collected as Support
§48-18-115. Payment of Support to the Bureau for Child Support Enforcement
§48-18-116. Authorization for Data Processing and Retrieval System
§48-18-117. Obtaining Support From Federal Tax Refunds
§48-18-118. Obtaining Support From State Income Tax Refunds
§48-18-118a. Obtaining Refunds of Overpaid Support From State Income Tax Refunds
§48-18-119. Obtaining Support From Unemployment Compensation Benefits
§48-18-120. Statements of Account
§48-18-122. Central State Case Registry
§48-18-125. Employment and Income Reporting
§48-18-126. Review and Adjustment of Child Support Orders
§48-18-128. Billing for Fees and Costs
§48-18-129. Acceptance of Federal Purposes; Compliance With Federal Requirements and Standards
§48-18-130. Publicizing Child Support Enforcement Services
§48-18-131. Access to Records, Confidentiality
§48-18-132. Access to Information
§48-18-133. Recording of Social Security Numbers in Certain Family Matters
§48-18-202. Request for Assistance by Party
§48-18-203. Bureau Processing of Request for Assistance or Recalculation
§48-18-204. Request for Meeting With the Bureau
§48-18-205. Bureau Action on Request of Recalculation and Presentation of Proposed Order