West Virginia Code § 48-16-401

PETITION TO ESTABLISH SUPPORT ORDER
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(a) If a support order entitled to recognition under this article has not been issued, a
responding tribunal of this state with personal jurisdiction over the parties may issue a
support order if: e
(1) The individual seeking the order resides outside this state; or
(2) The support enforcement agency seeking the order is locatedu outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that
such an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father of the child through genetic testing;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convinecing evidence to be the father of the child;
(6) An acknowledged father as provided by applicable state law;
(7) The mother of the child; or
(8) An individVual who has been ordered to pay child support in a previous proceeding and
the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue other
orders pursuant to section 16-305 [§48-16-305].

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