West Virginia Code § 48-24-104

Establishment of paternity and duty of support
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(a) When the respondent, by verified responsive pleading, admits that the man is the father
of the child and owes a duty of support, or if after a hearing on the merits, the court shall
find, by clear and convincing evidence that the man is the father of the child, the court shall,
subject to the provisions of subsection (c) of this section, order support in accordance with
the support guidelines set forth in article 13-101, et seq., and the payment oef incurred
expenses as provided in subsection (e) of this section.
(b) Upon motion by a party, the court shall issue a temporary order for child support pending
a judicial determination of parentage if there is clear and convinucing evidence of paternity
on the basis of genetic tests or other scientifically recognized evidence.
(c) Reimbursement support ordered pursuant to this section shall be limited to a period not
to exceed thirty-six months prior to the service of notice of the commencement of paternity
or support establishment, unless the court finds, by clear and convincing evidence:
(1) That the respondent had actual knowledges that he was believed to be the father of the
child;
(2) That the respondent deliberately concealed his whereabouts or deliberately evaded
attempts to serve process upon himself or herself; or
(3) That the respondent deliberately misrepresented relevant information which would have
enabled the petitioner to proceed with the cause of action.
If the court finds by clear and convincing evidence that the circumstances in subsection (1),
(2) or (3) exist, then the court shall order reimbursement support to the date of birth of the
child, subject Vto the equitable defense of laches.
(d) The court shall give full faith and credit to a determination of paternity made by any
other state, based on the laws of that state, whether established through voluntary
acknowledgment or through administrative or judicial process.
(e) Bills for pregnancy, childbirth and genetic testing are admissible and constitute prima
facie evidence of medical expenses incurred.
(f) The thirty-six month limitation on reimbursement support does not apply to the award of
medical expenses incurred.
(g) For purposes of this section, "reimbursement support" means the amount of money
awarded as child support for a period of time prior to the entry of the order which
establishes the support obligation.

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