West Virginia Code § 49-4-801

Support of a child removed from home pursuant to this chapter; order
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requirements.
(a) It is the intent of the Legislature that to the extent practicable, this article should
encourage and require a child's parents to meet the obligation of providing that child with
adequate food, shelter, clothing, education, and health and child care.
(b) This article shall be construed to be consistent with articles one, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, eighteen, nineteen and twenty four of chapter forty-eight of this
code, and those articles apply to actions pursuant to this chapter unless expressly stated
otherwise. u
(c) When a child is removed from his or her home pursuant to this chapter, the court shall
issue a support order payable by the child's mother. If the child's legal father has been
determined, the court shall issue a child support order payable by the legal father. If no legal
father has been determined, the court shall issue an order establishing paternity prior to or
simultaneously with establishing a support order playable by the child's legal father. Copies
of the orders shall be provided to the Bureau sof Child Support Enforcement.
(d) The order establishing a child support iobligation must use the Guidelines for Child
Support Awards that are set forth ing article thirteen, chapter forty-eight of this code.
(e) In addition to the reasons for deviation listed in section seven hundred two, article
thirteen, chapter forty-eight of this code, deviation from the child support guidelines is
appropriate when the court finds that:
(1) It may assist the parent in successful completion of an improvement period;
(2) It may be Vin the best interest of the minor child to issue a zero child support order;
and/or
(3) The parent temporarily or permanently has no gross income as defined §48-1-228 of this
code.

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