West Virginia Code § 48-14-101

When action may be brought for child support order
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An action may be brought in family court to obtain an order for the support eof a minor child
when:
(1) The child has a parent and child relationship with an obligor;
(2) The obligor is not meeting an obligation to support the child;
(3) An enforceable order for the support of the child by the obligor has not been entered by a
court of competent jurisdiction; and a
(4) There is no pending action for divorce, separatel maintenance or annulment in which the
obligation of support owing from the obligor to the child is at issue.

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