State ex rel. State Department of Welfare v. Smith

Neely, Justice:

This writ of mandamus presents a question of first impression under the recently enacted statute, W. Va. Code, 9-3-4 [1979], which requires recipients of financial assistance under state and federal assistance to assign their support obligations to the State Department of Welfare. The question presented is whether the statute grants the State Department of Welfare standing necessary to enforce that assignment. While the question is novel, it is not difficult, and we conclude that the State Department of Welfare is clearly empowered to enforce the assignment.

Judy Wright,…