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Current as of January 01, 2024 | Updated by Findlaw Staff
Upon his or her release from the custody of the Division of Corrections or the United States Bureau of Prisons, a person who is gainfully employed and is subject to a child support obligation or obligations and from whose weekly disposable earnings an amount in excess of forty percent is being withheld for the child support obligation or obligations may, within eighteen months of his or her release, petition the court having jurisdiction over the case or cases to restructure the payments to an amount that allows the person to pay his or her necessary living expenses. In order to achieve consistency and fairness, one judge may assume jurisdiction over all the cases the person may have within that circuit of the court. In apportioning the available funds, the court shall give priority to the person's current child support obligations: Provided, That a minimum of $50 per month shall be paid in each case.
Cite this article: FindLaw.com - West Virginia Code Chapter 48. Domestic Relations § 48-13-703. Restructuring of payments upon release of inmate - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-13-703/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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