Code of Virginia - Title 63.2 Welfare (Social Services) - Chapter 19 Child Support Enforcement

63.2-1900 Definitions
As used in this chapter, unless the context requires a different meaning: "Administrative order" or "administrative support order" means a noncourt-ordered legally enforceable support obligation ...

63.2-1901 Purpose of chapter; powers and duties of the Department
It is the purpose of this chapter to promote the efficient and accurate collection, accounting and receipt of support for financially dependent children and their ...

63.2-1902 Central unit for information and administration; request and receipt of information from other enti...
The Department is authorized and directed to establish a central unit within the Department to administer the Title IV D State Plan according to 45 ...

63.2-1903 Authority to issue certain orders; civil penalty
A. In the absence of a court order, the Department shall have the authority to issue orders directing the payment of child, and child and ...

63.2-1904 Administrative support remedies available for individuals not receiving public assistance; fee...
The Department shall make available to those individuals not receiving public assistance, upon receipt of an authorization to seek or enforce a support obligation the ...

63.2-1905 Establishment of State Case Registry
The Department shall keep and maintain a State Case Registry (Registry) that contains case records of services provided by the Division of Child Support Enforcement, ...

63.2-1906 Department may disclose information to Internal Revenue Services
Upon approval of the Department of Health and Human Services, the Department may disclose to and keep the Internal Revenue Services of the Treasury of ...

63.2-1907 Child support enforcement; private contracts
A. Pursuant to the authority granted in § 63.2-1901, child support enforcement field work administrative functions and central office payment processing functions in the Commonwealth ...

63.2-1908 Payment of public assistance for child or custodial parent constitutes debt to Department by noncus...
Any payment of public assistance money made to or for the benefit of any dependent child or children or their custodial parent creates a debt ...

63.2-1909 Receipt of public assistance for child as assignment of right in support obligation; Commissioner a...
By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the ...

63.2-1910 Payment of foster care expenditures for child constitutes debt to local department by noncustodial ...
Any payment by a local department or public agency designated by a community policy and management team for room, board, and social services for a ...

63.2-1911 Duty of local departments to enforce support; referral to Department
Whenever a local department approves an application for public assistance on behalf of a child or children and it appears to the satisfaction of the ...

63.2-1912 Minor noncustodial parents whose child receives TANF; child support obligations
If a minor noncustodial parent whose child receives TANF is not in compliance with compulsory school attendance laws in Article 1 (§ 22.1-254 et seq.) ...

63.2-1913 Administrative establishment of paternity
The Department may establish the parent and child relationship between a child and a man upon request, verified by oath or affirmation, filed by a ...

63.2-1914 Hospital paternity establishment programs
Each public and private birthing hospital in the Commonwealth shall provide unwed parents the opportunity to legally establish the paternity of a child prior to ...

63.2-1915 Administrative support order
All administrative orders issued by the Department shall have the same force and effect as a court order. However, any order issued by a court ...

63.2-1916 Notice of administrative support order; contents; hearing; modification
The Commissioner may proceed against a noncustodial parent whose support debt has accrued or is accruing based upon subrogation to, assignment of, or authorization to ...

63.2-1917 When delivery of notice to party at last known address may be deemed sufficient
In any subsequent child support enforcement proceeding between the parties, upon sufficient showing that diligent effort was made to ascertain the location of a party, ...

63.2-1918 Administrative establishment of obligations
The Department shall set child support at the amount resulting from computations pursuant to the guideline set out in § 20-108.2 in determining the required ...

63.2-1919 Requirement to provide financial statements
Any noncustodial parent in the Commonwealth whose absence or failure to provide support and maintenance is the basis upon which an application is filed for ...

63.2-1920 Department may order exchange of financial information
The Department may order the obligor and payee to notify each other at specified intervals of current gross income as defined in § 20-108.2 and ...

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 ...

63.2-1922 Commissioner may set amount of debt accrued where no court order or final divorce decree
The Commissioner may, at any time, consistent with the provisions of § 63.2-1918, set or reset the amount of the debt accrued or accruing, due ...

63.2-1923 Immediate withholding from income; exception; notices required
A. Every administrative support order directing a noncustodial parent to pay child or child and spousal support shall provide for immediate income withholding from the ...

63.2-1924 Withholding from income; default of administrative or judicial support order; notices required; pri...
A. As part of every administrative support order directing a noncustodial parent to pay child or child and spousal support or by separate order at ...

63.2-1924.1 Health care coverage; National Medical Support Notice
A. All child support orders established and enforced pursuant to this title shall include a provision for health care coverage of dependent children. The Department ...

63.2-1925 Certain amount of income that may be withheld by lien or order
Whenever a support lien, order to withhold and deliver property or order for withholding of income is served upon any person, firm, corporation, association, political ...

63.2-1926 Withholding pursuant to foreign support order
If a court of competent jurisdiction or the agency operating pursuant to an approved state plan under Sections 452 and 454 of the Social Security ...

63.2-1927 Assertion of lien; effect
Ten days after service of the notice containing the proposed administrative support order as provided in § 63.2-1916, or immediately upon receipt by the Department ...

63.2-1928 Service of lien
The Commissioner may at any time after the filing of a support lien serve a copy of said lien upon any person, firm, corporation, association, ...

63.2-1929 Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appe...
A. After notice containing an administrative support order has been served or service has been waived or accepted, an opportunity for a hearing has been ...

63.2-1930 Civil liability upon failure to comply with lien, order, etc
Should any person, firm, corporation, association, political subdivision or department of this Commonwealth fail to answer an order to withhold and deliver within the time ...

63.2-1931 Effect of service on banks, savings institutions, etc
Service of a lien or orders to withhold and deliver or any other notice or document authorized by this chapter on the main office or ...

63.2-1932 Data exchange agreements authorized; immunity
The Commissioner is authorized and shall, as feasible, enter into agreements with financial institutions doing business in the Commonwealth to develop and operate, in conjunction ...

63.2-1932.1 Automated administrative enforcement in interstate cases
A. The Department shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by ...

63.2-1933 Distraint, seizure and sale of property subject to liens
Whenever a support lien has been filed pursuant to § 63.2-1927, the Commissioner may collect the support debt stated in such lien by distraint, seizure ...

63.2-1934 Action for foreclosure of lien; satisfaction
Whenever a support lien has been filed, an action in foreclosure of lien upon real or personal property may be brought in the circuit court ...

63.2-1935 Satisfaction of lien after foreclosure proceedings instituted; redemption
Any person owning real property, or any interest in real property, against which a support lien has been filed and foreclosure instituted, shall have the ...

63.2-1936 Procedures for posting security, bond or guarantee to secure payment of overdue support
The Department shall require, if feasible and consistent with guidelines established by the Department, that the noncustodial parent post security or bond or give some ...

63.2-1937 Applications for occupational or other license to include social security number; suspension upon d...
Every initial application for or application for renewal of a license, certificate, registration or other authorization to engage in a business, trade, profession or occupation ...

63.2-1938 Commissioner may release lien or order or return seized property
The Commissioner may at any time release a support lien, or order to withhold and deliver, on all or part of the property of the ...

63.2-1939 Commissioner may make demand, file and serve liens, when payments appear in jeopardy
If the Commissioner finds that the collection of any support debt based upon subrogation to or authorization to enforce the amount of support ordered by ...

63.2-1940 Reporting payment arrearage information to consumer credit reporting agencies
The Division of Child Support Enforcement shall provide support payment arrearage information on noncustodial parents, as defined in § 63.2-100, to consumer credit reporting agencies. ...

63.2-1940.1 Publishing a most wanted delinquent parent list; coordinated arrests
The Division of Child Support Enforcement shall (i) publish at regular intervals a list of the most wanted delinquent parents as determined by the Commissioner ...

63.2-1941 Additional enforcement remedies
In addition to its other enforcement remedies, the Division of Child Support Enforcement is authorized to: 1. Attach unemployment benefits through the Virginia Employment Commission ...

63.2-1942 Administrative hearing on notice of debt; withholdings; orders to withhold and deliver property to ...
The Commissioner may delegate authority to conduct any administrative hearing pursuant to this chapter to a duly qualified hearing officer. The hearing shall be held ...

63.2-1943 Appeal from decision of hearing officer
An appeal may be taken by filing a written notice of appeal with the clerk of the court having proper jurisdiction to review the decision ...

63.2-1944 Employee debtor rights protected; limitation
No employer shall discharge an employee for reason that a voluntary assignment of earnings under § 63.2-1945 has been presented in settlement of a support ...

63.2-1945 Assignment of earnings to be honored; inapplicability of { 40.1-31
Any person, firm, corporation, association, political subdivision or department of the Commonwealth employing a person owing a support debt or obligation, shall honor an assignment ...

63.2-1946 Virginia New Hire Reporting Center; State Directory of New Hires; reporting by employers
A. Each employing unit shall report to the Virginia New Hire Reporting Center, operated under the authority of the Division of Child Support Enforcement, the ...

63.2-1947 Assistance by Office of the Attorney General
The attorney for the Commonwealth or other attorney who has responsibility for representing a local department and local board may, with the prior consent of ...

63.2-1948 Payment by Department for legal services
Notwithstanding any provision of §§ 2.2-2814, 2.2-2815, 2.2-2816, 2.2-2823, 2.2-2824, 2.2-2825 or § 2.2-2826 to the contrary, whenever there shall be authorized by law an ...

63.2-1949 Authority of city, county, or attorney for the Commonwealth to represent the Department
In order to carry out the responsibilities of the Department imposed under this chapter, any city or county attorney is authorized to represent the Department ...

63.2-1950 Child support enforcement privatized legal services
The Attorney General shall provide and supervise legal services to the Division of Child Support Enforcement in child support enforcement cases to establish, obligate, enforce ...

63.2-1951 Interest on support payments collected
The Department shall pay interest to the payee as provided in this section on certain spousal or child support payments it collects which have been ...

63.2-1952 Interest on debts due
Interest at the judgment interest rate as established by § 6.1-330.54 on any arrearage pursuant to an order being enforced by the Department pursuant to ...

63.2-1953 Disposition of funds collected as debts to Department
Funds collected as a debt to the Department pursuant to the provisions of this chapter shall be placed in a special fund of the Department ...

63.2-1954 Distribution of collection
Support payments received by the Department or the Department's designee shall be prorated among the obligees based upon the current amounts due pursuant to more ...

63.2-1955 Distribution of collections from federal tax refund offsets
Distribution of amounts collected by the Department as a result of an offset made under the Federal Tax Refund Offset Program (P.L. 97-35, as amended) ...

63.2-1956 Release of excess funds to debtor
Whenever any person, firm, corporation, association, political subdivision or department of the Commonwealth has in its possession earnings, deposits, accounts, or balances in excess of ...

63.2-1957 Unidentifiable moneys held in special account
All moneys collected in fees, costs, attorney fees, interest payments, or other funds received by the Commissioner which are unidentifiable as to the support account ...

63.2-1958 Charging off support debts as uncollectible
Any support debt due the Department pursuant to § 63.2-1908 that the Commissioner deems uncollectible may be transferred from accounts receivable to a doubtful account, ...

63.2-1959 Department exempt from fees
No filing or recording fees, court fees, or fees for service of process shall be required from the Department by any clerk, auditor, sheriff or ...

63.2-1960 Recovery of certain fees and costs
The Department shall have the authority to assess and recover from the noncustodial parent in proceedings to enforce child support obligations against the noncustodial parent, ...