§48-16-401. PETITION TO ESTABLISH SUPPORT ORDER.(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:(1) The individual seeking the order resides outside this state; or(2) The support enforcement agency seeking the order is located 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 convincing 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 individual 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 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].
West Virginia Legal Code