West Virginia Code § 21A-6-16

Child support intercept of unemployment benefits
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(a) An individual filing a new claim for unemployment compensation shall, at the time of
filing such claim, disclose whether or not the individual owes child support obligations as
hereafter defined under subsection (g) of this section. If any such individual discloses that he
or she owes child support obligations and is determined to be eligible for unemployment
compensation, the commissioner shall notify the child support enforcement edivision of the
Department of Human Services that the individual has been determined to be eligible for
unemployment compensation. r
(b) The commissioner shall deduct and withhold from any unempuloyment compensation
payable to an individual that owes such child support obligations as defined under
subsection (g) of this section: t
(1) The amount specified by the individual to the commissioner to be deducted and withheld
under this subsection, if neither subdivision (2) nor subdivision (3) is applicable;
(2) The amount, if any, determined pursuant tso an agreement submitted to the commissioner
under section 454 (19)(B)(i) of the Social Security Act, (B)(i), by the Department of Human
Services, unless subdivision (3) is applicabile; or
(3) Any amount otherwise required to be deducted and withheld from such unemployment
compensation pursuant to legal process, as that term is defined in section 459 (i)(5) of the
Social Security Act, as codified in 42 U.S.C. §659 (i)(5), properly served upon the
commissioner.
(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by
the commissioner to the child support enforcement division of the Department of Human
Services. V
(d) Any amount deducted and withheld under subsection (b) of this section shall for all
purposes be treated as if it were paid to the individual as unemployment compensation and
paid by such individual to the child support enforcement division of the Department of
Human Services in satisfaction of the individual's child support obligations.
(e) For purposes of subsections (a) through (d) of this section, the term "unemployment
compensation" means any compensation payable under this chapter, including amounts
payable by the commissioner pursuant to an agreement under any federal law providing for
compensation, assistance or allowances with respect to unemployment.
(f) This section applies only if appropriate arrangements have been made for reimbursement
by the child support enforcement division of the Department of Human Services for the
administrative costs incurred by the commissioner under this section which are attributable
to child support obligations being enforced by the state or local child support enforcement
agency.
(g) The term "child support obligations" means, for purposes of these provisions, only
obligations which are being enforced pursuant to a plan described in section 454 of the
Social Security Act, as codified in 42 U.S.C. §654, which has been approved by the secretary
of health and human services under Part D of Title IV of the Social Security Act, as codified
in 42 U.S.C. §§651 through 669b.

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