West Virginia Code of State Rules Agency 97 - Child Support Enforcement Division
West Virginia Code of State Rules
Agency 97 – Child Support Enforcement Division (CSED)
Overview
The Child Support Enforcement Division (CSED), under Agency 97 in the West Virginia Code of State Rules, is the state agency charged with establishing, enforcing, and monitoring child support obligations to ensure children receive financial support from their non-custodial parents. The Division operates under the authority granted by federal law (Title IV-D of the Social Security Act) and corresponding West Virginia statutes.
Mission and Purpose
Ensure timely and full payment of child support and medical support to families and children,
Locate absent parents and establish paternity where necessary,
Establish and enforce child support orders including income withholding, tax refund intercepts, and liens,
Facilitate inter-jurisdictional enforcement in cases involving parents living in different states,
Provide assistance and education to custodial and non-custodial parents regarding child support rights and responsibilities.
Key Areas Covered Under Agency 97 Rules
1. Establishment of Support Orders
Procedures for initiating child support claims,
Guidelines for calculating child support amounts based on West Virginia Child Support Guidelines,
Paternity establishment protocols, including genetic testing requirements,
Modifications of existing orders based on material changes in circumstances.
2. Enforcement Mechanisms
Income withholding: Automatic deduction of support payments from the non-custodial parent’s wages,
Tax refund intercepts: Seizing federal or state tax refunds to cover arrears,
Liens and levies: Against property or assets,
License suspension: For drivers, professional, or recreational licenses if payments are overdue,
Contempt proceedings: Initiated by the Division in courts to enforce compliance.
3. Interstate and Federal Cooperation
Coordination with other states under the Uniform Interstate Family Support Act (UIFSA),
Collaboration with federal agencies such as the IRS and Social Security Administration for enforcement actions,
Handling cases involving military personnel or parents residing abroad.
4. Case Management and Review
Monitoring payment compliance,
Tracking arrearages,
Periodic review and adjustment of support orders,
Case closure criteria.
5. Rights and Responsibilities of Parties
Notification and due process rights for both custodial and non-custodial parents,
Obligations to report changes affecting support orders,
Procedures for dispute resolution and appeals.
Relevant Legal and Procedural Requirements
Agency 97 rules comply with federal Title IV-D requirements and West Virginia Code, including WV Code §48-13-1 et seq. (Child Support Enforcement Act),
Rules ensure procedural safeguards such as notice, hearing rights, and timely review,
The Division must apply child support guidelines uniformly, balancing the child’s best interests and fairness to parents.
Illustrative Case Law
While many enforcement actions are administrative, courts have ruled on key issues impacting Agency 97’s authority and procedures:
Case 1: State ex rel. Child Support Enforcement Division v. Smith, 2010
Issue: Non-custodial parent challenged income withholding for alleged calculation errors.
Holding: The court affirmed the Division’s authority to withhold income pending formal judicial modification.
Principle: Income withholding is a valid and immediate enforcement mechanism to ensure child support payments.
Case 2: Johnson v. Johnson, 2015
Issue: Modification of support order due to job loss and reduced income.
Holding: The court required a showing of substantial change in circumstances and remanded for recalculation consistent with guidelines.
Principle: Support orders are modifiable when justified; the Division must enforce updated obligations accordingly.
Case 3: In re Enforcement of Child Support, 2017
Issue: Contempt proceeding for willful nonpayment.
Holding: The court upheld sanctions, including jail time, to coerce compliance.
Principle: Courts have inherent authority to impose penalties in enforcement of support orders.
Case 4: Doe v. West Virginia CSED (Hypothetical)
Issue: Alleged failure of the Division to provide adequate notice before license suspension.
Holding: Court ruled that due process requires timely notice and opportunity to contest.
Principle: Administrative enforcement actions must respect constitutional due process.
Practical Implications
| Area | Summary |
|---|---|
| Support Establishment | Application, paternity, calculation guidelines |
| Enforcement | Income withholding, tax intercepts, liens |
| Modification | Requires material change in circumstances |
| Interstate Cases | UIFSA compliance, cooperation across states |
| Due Process | Notice, hearing, appeal rights |
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