48-16-401 PETITION TO ESTABLISH SUPPORT ORDER
48-16-402 Proceeding to determine parentage

Terms Used In West Virginia Code > Chapter 48 > Article 16 > Part IV - Establishment of Support Order

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual'. See West Virginia Code 48-16-102
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See West Virginia Code 48-16-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See West Virginia Code 48-16-102
  • Obligor: means an individual or the estate of a decedent that:

    (A) Owes or is alleged to owe a duty of support. See West Virginia Code 48-16-102

  • Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See West Virginia Code 48-16-102
  • Responding tribunal: means the authorized tribunal in a responding state or foreign country. See West Virginia Code 48-16-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 48-16-102
  • Support enforcement agency: means a public official or governmental entity, or private agency authorized to:

    (A) Seek enforcement of support orders or laws relating to the duty of support. See West Virginia Code 48-16-102

  • Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse which provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See West Virginia Code 48-16-102
  • Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See West Virginia Code 48-16-102