SUPPORT OF MINOR CHILD.§48-14-101. When action may be brought for child support order.An action may be brought in family court to obtain an order for the support of 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(4) There is no pending action for divorce, separate maintenance or annulment in which the obligation of support owing from the obligor to the child is at issue.
West Virginia Legal Code