Current through Register Vol. XLI, No. 41, October 11, 2024
Section 85-1-11 - Child Support and Spousal Support Orders11.1. W. Va. Code § 23-4-18 allows child and/or spousal support payments to be withheld from a claimant's compensation and sent to the Bureau for Child Support Enforcement. The term "compensation" refers to temporary total disability benefits, temporary partial rehabilitation benefits, non-awarded partial benefits, permanent partial disability benefits and permanent total disability benefits only.11.2. The amounts to be withheld by the responsible party from a claimant's compensation are the amounts which are set out in the withholding notice issued pursuant to the West Virginia Domestic Relations Act.11.3. When an award of compensation is for permanent partial or non-awarded partial benefits, the responsible party shall withhold 100% of those benefits to collect payment of child and/or spousal support benefits.11.4. When compensation is for temporary total, temporary partial, rehabilitation temporary total, permanent total, or dependent benefits, the responsible party may only withhold the amount or amounts specified on the withholding notice, subject to the limitations set out in Table 1a.