West Virginia § 48-16-401 PETITION TO ESTABLISH SUPPORT ORDER

West Virginia Statutes

§ 48-16-401 — PETITION TO ESTABLISH SUPPORT ORDER

West Virginia § 48-16-401

Ch. 48DOMESTIC RELATIONS

Art. 16UNIFORM INTERSTATE FAMILY SUPPORT ACT

This text of West Virginia § 48-16-401 (PETITION TO ESTABLISH SUPPORT ORDER) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-16-401 (2026).

Text

(a)If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1)The individual seeking the order resides outside this state; or

(2)The support enforcement agency seeking the order is located outside this state.

(b)The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1)A presumed father of the child;

(2)Petitioning to have his paternity adjudicated;

(3)Identified as the father of the child through genetic testing;

(4)An alleged father who has declined to submit to genetic testing;

(5)Shown by clear and convincing evidence to be the father of

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(a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this state; or

(2) The support enforcement agency seeking the order is located outside this state.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) A presumed father of the child;

(2) Petitioning to have his paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by applicable state law;

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 16-305 [§48-16-305].