Current through Register Vol. XLI, No. 50, December 13, 2024
Section 97-7-11 - Documentation of support payments11.1. W. Va. Code § 48-18-115 requires that all support payments owed to an obligee who is a recipient of services from the bureau shall be paid through the bureau. 11.1.a. Except as provided below, when payments are made directly to the obligee, the obligee shall immediately provide the payment to the bureau for allocation and distribution. 11.1.a.1. The receipt of the following types of benefits paid on behalf of a child shall be reported to the bureau by the obligee but are not required to be redirected to the bureau for allocation and distribution:11.1.a.1.A. Any benefits received on behalf of a minor child from the Social Security Administration;11.1.a.1.B. Any benefits received on behalf of a minor child from the United States Department of Veterans Affairs;11.1.a.1.C. Any benefits received on behalf of a minor child from the Railroad Retirement Board;11.1.a.1.D. Any benefits received from the United States Department of Labor Black Lung Benefits program.11.1.b. If the obligee is a recipient of cash public assistance and he or she fails to immediately provide the payment to the bureau for allocation and distribution, the bureau employee assigned to the case shall report this information to the IV-A agency when it is discovered.11.1.c. If the obligee fails to provide the payment to the bureau for allocation and distribution, the bureau shall verify the receipt and amount of the payment before crediting the payment against any current support or arrearage owed by the obligor. 11.1.c.1. Verification may occur through a variety of methods.11.1.c.1.A. The parties may agree on the amount and date of the payments made; or11.1.c.1.B. A party may present payment receipts, cancelled checks, copies of money orders, or other documentation of payment.11.1.d. Upon receiving documentation of alleged payments by one party to the case, the bureau employee assigned to the case shall provide copies of the documentation to the other party, giving him or her ten (10) days notice to object in writing to the offers of proof submitted.11.1.d.1. If no objection is received, the payment shall be credited.11.1.d.2. If an objection is received, either party to the action or the bureau may file a motion with the court of competent jurisdiction to determine the amount of the arrearage due and to grant a judgment for any support due and owing.