W. Va. Code R. § 85-12-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 85-12-12 - Deductions From Settlement Awards

12.1. Pursuant to W. Va. Code § 23-4-18, any amounts owed for child or spousal support will be withheld from settlement payments.

12.2. Overpayments will be deducted pursuant to W. Va. Code §§ 23-4-1c and 23-4-1d, unless otherwise agreed upon by the parties in the agreement.

12.3. Any award of monetary benefits entered by the office of judges, the Appeal Board or the Supreme Court of Appeals of West Virginia after the date the settlement agreement was signed by the necessary parties shall be deducted from the agreed upon settlement amount: Provided, That the deduction in this subsection can only be applied for amounts of award(s) of monetary benefits which involve the same issue(s) that the settlement involved, or if the settlement was a full and final settlement of all issues involved in the claim. If the amount of any such award is greater than the agreed upon settlement amount, the claimant's recovery shall be limited to the amount specified in the settlement agreement.

W. Va. Code R. § 85-12-12