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STATE v. WERTMAN

No. 29687.

557 S.E.2d 773 (2001)

210 W.Va. 366

STATE of West Virginia ex rel. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, BUREAU FOR CHILD SUPPORT ENFORCEMENT, Plaintiff Below, Appellant, v. Bill WERTMAN and April L. Dowler, in Their Capacity as Family Law Masters for the Twenty-Third Judicial Circuit, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 7, 2001.

Attorney(s) appearing for the Case

Janet L. Scalia, Department of Health & Human Resources, Bureau of Child Support Enforcement, Martinsburg, for the Appellant.

John M. Hedges, Teresa J. Lyons, Byrne & Hedges, Morgantown, for the Appellees.

ALBRIGHT, Justice:

In this case, the Circuit Court of Berkeley County has certified two questions to this Court. The certified questions and the circuit court's answers are as follows:

1. Does West Virginia Code § 51-2A-1 et seq. permit family law masters to enter enforceable orders imposing sanctions, including incarceration, for indirect civil contempt for failure to pay child support?

Answer of the circuit court: Yes.

2. If the Code...

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