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West Virginia Code Chapter 48. Domestic Relations § 48-14-403. Exception to requirement for automatic withholding from income

Current as of January 01, 2024 | Updated by Findlaw Staff

If one of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or in any case where there is filed with the court a written agreement between the parties which provides for an alternative arrangement, the support order may not provide for income withholding to begin immediately.

(1) The order must provide that income withholding will begin immediately upon the occurrence of any of the following:

(A) When the payments which the obligor has failed to make under the order are at least equal to the support payable for one month, if the order requires support to be paid in monthly installments;

(B) When the payments which the obligor has failed to make under the order are at least equal to the support payable for four weeks, if the order requires support to be paid in weekly or bi-weekly installments;

(C) When the obligor requests the Bureau for Child Support Enforcement to commence income withholding; or

(D) When the obligee requests that such withholding begin, if the request is approved by the court in accordance with procedures and standards established by rules promulgated by the commission pursuant to this section and to chapter twenty-nine-a of this code.

(2) The court shall consider the best interests of the child in determining whether “good cause” exists under this section. The court may also consider the obligor's payment record in determining whether “good cause” has been demonstrated.

(3) When immediate income withholding is not required due to the findings required by this section, the Bureau for Child Support Enforcement shall mail a notice to the obligor pursuant to section 14-405 of this article upon the occurrence of any of the conditions provided for in subdivision (1) of this section.

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Cite this article: FindLaw.com - West Virginia Code Chapter 48. Domestic Relations § 48-14-403. Exception to requirement for automatic withholding from income - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-14-403/

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