West Virginia Code of State Rules Agency 97 - Child Support Enforcement Division
West Virginia Code of State Rules – Agency 97: Child Support Enforcement Division
Overview:
Agency 97 of the West Virginia Code of State Rules (CSR) contains the rules and regulations established by the Bureau for Child Support Enforcement (BCSE), which operates under the West Virginia Department of Human Services (formerly DHHR). The BCSE is responsible for enforcing child support orders, establishing paternity, and ensuring that children receive financial support from non-custodial parents.
These rules are authorized under West Virginia Code §48-18 through §48-21 and conform to federal Title IV-D of the Social Security Act.
Primary Responsibilities of the BCSE (Agency 97):
Establishing paternity for children born outside of marriage.
Locating non-custodial parents.
Establishing and modifying child support orders.
Enforcing support orders through wage withholding, tax refund intercepts, license suspensions, etc.
Collecting and disbursing payments through the state disbursement unit.
Coordinating with other states to enforce orders across state lines.
Key Rule Areas Under Agency 97:
🔹 §97-1: Case Management and Services
Defines who is eligible for child support services.
Outlines how cases are opened, maintained, and closed.
Describes client rights and responsibilities.
Addresses cooperation requirements for TANF and Medicaid recipients.
🔹 §97-2: Paternity Establishment
Procedures for:
Voluntary acknowledgment of paternity.
Genetic testing.
Administrative and judicial paternity establishment.
Time limits and rules for challenging paternity.
🔹 §97-3: Child Support Order Establishment and Modification
Methods for determining support amounts using West Virginia’s child support guidelines.
Administrative and court-based procedures.
Review and modification rules, including changes in income, custody, or health insurance availability.
🔹 §97-4: Enforcement Tools
Wage withholding (automatic and initiated).
Interception of:
Income tax refunds (federal and state)
Unemployment benefits
Workers’ compensation
Suspension of driver’s, professional, and recreational licenses for non-payment.
Liens on property and financial accounts.
🔹 §97-5: Interstate and Intergovernmental Enforcement
Application of Uniform Interstate Family Support Act (UIFSA) procedures.
Collaboration with other states and countries in enforcing orders and locating parents.
🔹 §97-6: Payment and Distribution
Centralized collection through the State Disbursement Unit (SDU).
Priority of payments (e.g., current support vs. arrears).
Pass-through payments and federal offset rules.
🔹 §97-7: Hearings and Appeals
Procedures for challenging administrative actions.
Rights to fair hearings and judicial review.
Timelines and standards for contesting enforcement actions.
Legal Authority:
West Virginia Code §48-18 through §48-21 – Child Support Enforcement statutes.
Federal Title IV-D of the Social Security Act – Basis for BCSE operations.
Administered by the Bureau for Child Support Enforcement (BCSE) under the Department of Human Services.
Resources:
📍 BCSE Website: https://childsupport.wv.gov
Payment portal
Application for services
Contact information
Child support calculator and forms
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