(a) To make a request for assistance under this article, a party shall submit the request in writing to the Bureau for Child Support Enforcement on a form provided by the bureau. The written request form shall include all of the requesting party's information known to the party that is relevant to determine the child support amount. The request shall be accompanied by:
(1) A copy of the order being modified or, in the discretion of the bureau, information sufficient to permit the bureau to retrieve or identify the order;
(2) A form containing a statement of all of the requesting party's information known to the party that is relevant to determining the amount of child support, including a general statement or argument advancing the reason the request is being made;
(3) Copies of documentation reasonably available to the requesting party setting forth all of the requesting party's information that is relevant to determine the amount of child support;
(4) A statement setting forth the relevant information pertaining to the responding party's earnings and child support that is known or believed to be true by the requesting party;
(5) Copies of any relevant documentation which the requesting party may have in its possession which would be relevant to determining the responding party's child support obligations; and
(6) A statement of all other known proceedings, pending court proceedings or other pending requests for assistance involving the parties or related to the child or children whose support is being reevaluated.
(b) Upon receipt of notification that an obligor is incarcerated in a regional jail or a state or federal correctional facility, the Bureau for Child Support Enforcement shall determine whether the expected incarceration will exceed six months. If the incarceration will exceed six months, the bureau shall file a petition to modify child support.
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