W. Va. Code R. § 97-7-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 97-7-8 - Distribution when an obligee's whereabouts are unknown
8.1. When an obligee is owed current support or an arrearage and the bureau is unable to locate a valid address for the obligee, the bureau shall continue to collect the support obligation through all legal methods while searching for an address. Money to be distributed to the obligee shall be held by the bureau and shall be distributed to the obligee when a valid address is obtained. The allocation and distribution hierarchy shall not be manually overridden to allow funds properly allocated to the missing obligee's case to be disbursed to another obligee, if the obligor owes a support obligation to more than one individual, or to the state.
8.2. If, after sixty days, the bureau has been unable to locate a valid address for the obligee and the obligee is not required by law to receive services from the bureau, the bureau may send a notice by first-class mail to the last known address of the obligee to advise the obligee that closure of the case will occur if an address is not supplied to the bureau within sixty calendar days of the date of the letter.
8.3. Should the sixty days elapse without the location of a valid address for the obligee, the bureau shall close the case for the obligee and apply any sums held for this obligee to any other support obligation, court costs or fees owed by the obligor. If no other support obligation, court costs or fees are owed by the obligor, the balance shall be refunded to the obligor.

W. Va. Code R. § 97-7-8