West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-11 - Termination Of Income Withholding
Section 78-11-2 - Termination of Income Withholding

Universal Citation: 78 WV Code of State Rules 78-11-2

Current through Register Vol. XLI, No. 38, September 20, 2024

2.1. The Child Advocate Office may petition the court for an order to terminate income withholding upon the written request of both the obligor and obligee when the following conditions exist:

1. Both the obligor and obligee agree to the termination,

2. The obligor has owed no arrearage to the obligee, the State of West Virginia, or any other state for at least eighteen (18) months, and

3. Both the obligor and obligee can demonstrate to the Child Advocate Office a reliable alternative method by which the obligor will make the ordered support payments.

2.2. In the event income withholding is not terminated in accordance with the provisions of subsection 2.1 of this section, the Child Advocate Office shall not terminate withholding until:

1. The child has reached the age of eighteen (18) or is otherwise emancipated, and all arrearages have been paid.

2. The obligor has legal custody of the child, and all arrearages have been paid.

3. The child has been adopted, and all arrearages have been paid.

2.3. The Child Advocate Office shall adequately document the reason for the termination of the withholding.

2.4. Upon receipt of proper documentation, the Child Advocate Office shall mail a notice of withholding termination to the employer and a copy to the obligor.

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