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W. Va. Code § 48-16-401

PETITION TO ESTABLISH SUPPORT ORDER

West Virginia · West Virginia Code Chapter 48 — Domestic Relations · Status: effective

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W. Va. Code § 48-16-401, PETITION TO ESTABLISH SUPPORT ORDER, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2389435
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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].