West Virginia § 48-14-108 Deceased parties in support cases

West Virginia Statutes

§ 48-14-108 — Deceased parties in support cases

West Virginia § 48-14-108

Ch. 48DOMESTIC RELATIONS

Art. 14REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS

This text of West Virginia § 48-14-108 (Deceased parties in support cases) 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 § 48-14-108 (2026).

Text

(a)In the event of the death of any party to a domestic relations support action, support payments or a refund of support payments due to the party by the obligee, obligor or the Bureau for Child Support Enforcement, not in excess of $1,000, may, upon proper demand, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:

(1)Surviving spouse;

(2)Children eighteen years of age and over in equal shares;

(3)Father and mother, or survivor; and

(4)Sisters and brothers.

(b)Payments under this section shall release and discharge the obligee, obligor or the Bureau for Child Support Enforcement to the amount of such payment.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) In the event of the death of any party to a domestic relations support action, support payments or a refund of support payments due to the party by the obligee, obligor or the Bureau for Child Support Enforcement, not in excess of $1,000, may, upon proper demand, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:

(1) Surviving spouse;

(2) Children eighteen years of age and over in equal shares;

(3) Father and mother, or survivor; and

(4) Sisters and brothers.

(b) Payments under this section shall release and discharge the obligee, obligor or the Bureau for Child Support Enforcement to the amount of such payment.