Code of Virginia - Title 20 Domestic Relations - Chapter 5.3 Uniform Interstate Family Support Act

20-88.32 Definitions
In this chapter: "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty ...

20-88.33 Tribunals of the Commonwealth
The juvenile and domestic relations district courts, circuit courts and the Department of Social Services are the tribunals of the Commonwealth. (1994, c. 673; 2005, ...

20-88.34 Remedies cumulative
Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law, including the recognition of a support order ...

20-88.35 Bases for jurisdiction over nonresident
In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of the Commonwealth may exercise personal jurisdiction over a ...

20-88.36 Duration of personal jurisdiction
Personal jurisdiction acquired by a tribunal of the Commonwealth in a proceeding under this chapter or other law of the Commonwealth relating to a support ...

20-88.37 Initiating and responding tribunal of this Commonwealth
Under this chapter, a tribunal of this Commonwealth may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal ...

20-88.38 Simultaneous proceedings in another state
A. A tribunal of this Commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading ...

20-88.39 Continuing, exclusive jurisdiction to modify child support order
A. A tribunal of the Commonwealth that has issued a child support order consistent with the law of the Commonwealth has and shall exercise continuing, ...

20-88.40 Continuing jurisdiction to enforce child support order
A. A tribunal of the Commonwealth that has issued a child support order consistent with the law of the Commonwealth may serve as an initiating ...

20-88.41 Determination of controlling child support order
A. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls ...

20-88.42 Child support orders for two or more obligees
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the ...

20-88.43 Credit for payments
A tribunal of the Commonwealth shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the ...

20-88.43:1 Application to nonresident subject to personal jurisdiction
A tribunal of the Commonwealth exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of the Commonwealth relating to ...

20-88.43:2 Continuing, exclusive jurisdiction to modify spousal support order
A. A court of the Commonwealth issuing a spousal support order consistent with the law of the Commonwealth has continuing, exclusive jurisdiction to modify the ...

20-88.44 Proceedings under this chapter
A. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. B. An individual or a support enforcement agency ...

20-88.45 Action by minor parent
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit ...

20-88.46 Application of law of the Commonwealth
Except as otherwise provided in this chapter, a responding tribunal of the Commonwealth shall apply the procedural and substantive law generally applicable to similar proceedings ...

20-88.47 Duties of initiating tribunal
A. Upon the filing of a petition authorized by this chapter, an initiating tribunal of the Commonwealth shall forward the petition and its accompanying documents ...

20-88.48 Duties and powers of responding tribunal
A. When a responding tribunal of the Commonwealth receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection B of ...

20-88.49 Inappropriate tribunal
If a petition or comparable pleading is received by an inappropriate tribunal of this Commonwealth, it shall forward the pleading and accompanying documents to an ...

20-88.50 Duties of support enforcement agency
A. A support enforcement agency of the Commonwealth, upon request, shall provide services to a petitioner in a proceeding under this chapter. A support enforcement ...

20-88.51 Duty of Secretary of Health and Human Resources
If the Secretary of Health and Human Resources determines that the support enforcement agency is neglecting or refusing to provide services to an individual, he ...

20-88.52 Private counsel
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. (1994, c. 673.) ...

20-88.53 Duties of state information agency
A. The Department of Social Services is the state information agency under this chapter. B. The state information agency shall: 1. Compile and maintain a ...

20-88.54 Pleadings and accompanying documents
A. In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage, or to register and modify a support ...

20-88.55 Nondisclosure of information in exceptional circumstances
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at ...

20-88.56 Costs and fees
A. The petitioner may not be required to pay a filing fee or other costs. B. If an obligee prevails, a responding tribunal may assess ...

20-88.57 Limited immunity of petitioner
A. Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided ...

20-88.58 Nonparentage as defense
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a ...

20-88.59 Special rules of evidence and procedure
A. The physical presence of a nonresident party who is an individual in a tribunal of the Commonwealth is not required for the establishment, enforcement, ...

20-88.60 Communications between tribunals
A tribunal of the Commonwealth may communicate with a tribunal of another state or foreign country or political subdivision in a record, or by telephone ...

20-88.61 Assistance with discovery
A tribunal of this Commonwealth may (i) request a tribunal of another state to assist in obtaining discovery and (ii) upon request, compel a person ...

20-88.62 Receipt and disbursement of payments
A. A support enforcement agency or tribunal of the Commonwealth shall disburse promptly any amounts received pursuant to a support order, as directed by the ...

20-88.63 Petition to establish support order
A. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of the Commonwealth may issue a support ...

20-88.64 Employer's receipt of income-withholding order of another state
An income-withholding order issued by a tribunal in another state may be sent by or on behalf of the obligee, or by the support enforcement ...

20-88.64:1 Employer's compliance with income-withholding order of another state
A. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. The employer shall treat ...

20-88.64:2 Compliance with two or more income-withholding orders
If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of ...

20-88.64:3 Immunity from civil liability
An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to any ...

20-88.64:4 Penalties for noncompliance
An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties ...

20-88.64:5 Contest by obligor
A. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in the ...

20-88.65 Administrative enforcement of orders
A. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another ...

20-88.66 Registration of order for enforcement
A support order or an income-withholding order issued by a tribunal of another state may be registered in this Commonwealth for enforcement. (1994, c. 673.) ...

20-88.67 Procedure to register order for enforcement
A. A support order or income-withholding order of another state may be registered in the Commonwealth by sending the following records and information to the ...

20-88.68 Effect of registration for enforcement
A. A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this Commonwealth. ...

20-88.69 Choice of law; statute of limitations
A. Except as otherwise provided in subsection D, the law of the issuing state governs (i) the nature, extent, amount, and duration of current payments ...

20-88.70 Notice of registration of order; contest of validity or enforcement
A. When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice shall ...

20-88.71 Procedure to contest validity or enforcement of registered order
A. A nonregistering party seeking to contest the validity or enforcement of a registered order in this Commonwealth shall request a hearing within twenty days ...

20-88.72 Contest of registration or enforcement
A. A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or ...

20-88.73 Confirmed order
Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any ...

20-88.74 Procedure to register child support order of another state for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that ...

20-88.75 Effect of registration for modification
A tribunal of the Commonwealth may enforce a child support order of another state, registered for purposes of modification, in the same manner as if ...

20-88.76 Modification of child support order of another state
A. If § 20-88.77:1 does not apply, except as otherwise provided in § 20-88.77:3, upon petition a tribunal of the Commonwealth may modify a child ...

20-88.77 Recognition of order modified in another state
If a child support order issued by a tribunal of the Commonwealth is modified by a tribunal of another state that assumed jurisdiction pursuant to ...

20-88.77:1 Jurisdiction to modify support order of another state when individual parties reside in this Common...
A. If all of the parties who are individuals reside in this Commonwealth and the child does not reside in the issuing state, a tribunal ...

20-88.77:2 Notice to issuing tribunal of modification
Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with ...

20-88.77:3 Jurisdiction to modify child support order of foreign country or political subdivision
A. If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a ...

20-88.78 Proceeding to determine parentage
A court of the Commonwealth authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage brought ...

20-88.79 Grounds for rendition
A. For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this ...

20-88.80 Conditions of rendition
A. Before making a demand that the governor of another state surrender an individual charged criminally in the Commonwealth with having failed to provide for ...

20-88.81 Uniformity of application and construction
In applying and construing this Uniform Interstate Family Support Act, consideration shall be given to the need to promote uniformity of the law with respect ...

20-88.82 Short title
This chapter may be cited as the Uniform Interstate Family Support Act. (1994, c. 673.) ...