§ 63.2-1921. Authority to initiate reviews of certain orders
A. The Department may, pursuant to this chapter and in accordance with § 20-108.2, initiate a review of the amount of support ordered by any court. If a material change in circumstances has occurred, the Department shall report its findings and a proposed modified order to the court which entered the order or the court having current jurisdiction. Notice of the review shall be served for each review on both parties (i) in accordance with the provisions of §§ 8.01-296, 8.01-327 or § 8.01-329, or (ii) by certified mail, with proof of actual receipt by the addressee, or (iii) by the nonrequesting party executing a waiver. Either party may request a hearing on the proposed modified order by filing a request with such court within thirty days of receipt of notice by the requesting party. Unless a hearing is requested within the time limits, no hearing shall be required and the court shall enter the modified order, which shall be effective from the date that notice of such review was served on the nonrequesting party. The court shall modify any prior court order, or schedule a hearing on its motion and so notify the parties and the Department. If a hearing is held, the Department shall have the burden of proof.
B. However, if the order being reviewed by the Department deviated from the guidelines, when entered, based on one or more of the deviating factors set out in § 20-108.1 and the Department determines that there has been a material change in circumstances, the procedure set forth in subsection A shall not apply and the Department shall schedule a hearing with the court which entered the order or the court having current jurisdiction.
C. A material change in circumstances shall be deemed to have occurred if the difference between the existing child support award and the amount which would result from application of the guidelines is at least ten percent of the existing child support award but not less than twenty-five dollars per month.
(1994, c. 795, § 63.1-252.2; 1996, c. 889; 1998, c. 885; 2002, c. 747.)
Sections: Previous 63.2-1914 63.2-1915 63.2-1916 63.2-1917 63.2-1918 63.2-1919 63.2-1920 63.2-1921 63.2-1922 63.2-1923 63.2-1924 63.2-1924.1 63.2-1925 63.2-1926 63.2-1927 NextLast modified: April 16, 2009