Virginia State Law
1. General Program-At-A-Glance
1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
13 local child support offices. |
2. What is the name of your IV-D agency? |
Virginia Department of Social Services, Division of Child Support Enforcement |
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
Virginia is a hybrid administrative and judicial state with emphasis on administrative processes.
For Additional Information - No Link Provided |
4. Does your state use the following applications: EDE, CSENET, QUICK? |
Yes |
2. Duration Of Support
3. Statute Of Limitations
4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
8. Distribution
9. Enforcement
1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
Financial Institution Data Match (FIDM). |
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
A Transmittal #1. If the request for attachment of unemployment compensation, a certified court order; certified arrears statement; if the request is for seizure of a bank account, the FIDM financial institution and account information and a minimum of $500.00 in the account. |
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Arrears are owed to the Commonwealth of Virginia and/or the custodial parent on an active IV-D case; the arrearages are enforceable. On cases with current support due, arrearages are equal to or greater than three (3) months of current support; On arrears only cases, arrearages are at least $500.00.
For Additional Information - No Link Provided |
4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Innovis, Equifax, TransUnion and Experian. |
5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative |
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
No. Once the past-due balance is satisfied, updated balance information is reported to the credit bureau. The automated system updates the submission process when the participant is no longer being reported because the youngest child has emancipated and the delinquency date is seven (7) years or older. |
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No. |
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes. Virginia submits past-due cases based on federal criteria. |
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. Total arrearages are at least $25.00. |
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Total arrearages are at least $25.00. |
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
Total arrearages are at least $25.00. |
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes. Total arrearages are at least $25.00. |
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
No. |
14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Administrative. |
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
There is no specific outline of account types exempt from the administrative financial institution attachment process, however, if funds deposited into the account are claimed to be or qualify as exempt funds under the law, the funds may be exempt from attachment.
For Additional Information - No Link Provided |
16. Is the financial institution attachment process in your state centralized and/or automated? |
Neither. |
17. What are the criteria to attach an account in a financial institution in your state? |
The case has current support due with arrearages in an amount greater than or equal to 90 days obligation; the case is an arrears only case. |
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
For Additional Information - No Link Provided |
19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
Transmittal #1 is required, Transmittal #3 a copy of the order, a certified pay record, the FIDM financial institution and account information, a minimum $500.00 balance in the account. |
20. Does your state's income withholding definition include amounts in financial institutions? |
Yes.
For Additional Information - No Link Provided |
21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes, the state.
For Additional Information - No Link Provided |
22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
Upon receipt of the Order to Deliver, the asset holder is to deliver property, assets, or money immediately, pursuant to the Order to Withhold.
For Additional Information - No Link Provided |
23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
No. The financial institution is to withhold funds valued up to the amount of the order until receipt of the order to deliver or release.
For Additional Information - No Link Provided |
24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
Any property that is considered disposable earnings is subject to CCPA limits. All other property is subject to withholding in its entirety. There is no difference for joint accounts.
For Additional Information - No Link Provided |
25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
If the action is a mistake of fact - you are not the person named in the order, you do not owe the amount of the support debt stated in the order; or the property being withheld cannot be withheld because it is exempt.
For Additional Information - No Link Provided |
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
No.
For Additional Information - No Link Provided |
27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
A request may be submitted to the Department of Motor Vehicles for suspension of driver's license if the noncustodial parent owes at least $5000.00 in child support or has child support arrearages totaling at least ninety (90) days of support obligation or at least $500.00 or owes at least $1000.00 in arrearage on arrears only cases.
For Additional Information - No Link Provided |
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
A payment agreement is negotiated with the noncustodial parent, if arrearages cannot be paid in full; or noncustodial parent qualification and participation in an applicable Administrative Intensive Case Monitoring Program. |
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
Yes. The noncustodial parent may petition the appropriate court for a restricted license. The court has the discretion to issue a restricted driver's license for various reasons. |
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
For cases with current support due, the child support arrearages are at least $5000.00 or greater than or equal to 90 days' obligation and at least $500.00. For arrears only cases, the child support arrearages are at least $1000.00. |
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
The child support agency does not suspend professional licenses. The determination for suspension and reinstatement is made by the court. |
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
Yes. Judicial referral is required for court determination. License surrender provisions are made by order of the court. |
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
For cases with current support due, the child support arrearages are at least $5000.00 or greater than or equal to 90 days' obligation and at least $500.00. For arrears only cases, the child support arrearages are at least $1000.00. |
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
The child support agency does not suspend professional licenses. The determination for suspension and reinstatement is made by the court. |
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
Yes. Judicial referral is required for court determination. License surrender provisions are made by order of the court.
For Additional Information - No Link Provided |
36. What are the criteria for initiating/filing a lien in your state? |
Once an administrative support order has been properly served and 10 days have elapsed, or a court enters a support order and the noncustodial parent is delinquent in payments for an amount equal to three (3) months of current support or $1000.00, whichever is greater.
For Additional Information - No Link Provided |
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Both. The lien process is initiated via administrative process. The lien notice is issued by the Division to the noncustodial parent. The lien is filed in the appropriate Circuit Court. |
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes, both. The child support agency files liens with the appropriate circuit court. The circuit court records the lien information should there be claims made to the property in a real estate sale.
For Additional Information - No Link Provided |
39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
Yes. The process is primarily handled administratively, however, the noncustodial parent may appeal the administrative process to the appropriate court. |
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes. Lottery winnings may be intercepted. |
40.1. If yes, is this enforcement judicial, administrative, or both? |
The process is primarily handled administratively, however, the noncustodial parent may appeal the administrative process to the appropriate court. |
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
Vendor payments may be intercepted. |
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
Cases may be referred to Legal Counsel to initiate actions including judgments, bonds, and foreclosures when other administrative and court enforcement measures have been unsuccessful. |
10. Modification And Review/Adjustment
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
TANF cases are reviewed every 36 months from the date of the entry of the most recent order. In addition, reviews are done at the request of either party.
For Additional Information - No Link Provided |
2. What is your state's modification procedure? Briefly describe. |
Either party in an IV-D case (including the TANF custodial parent) or an IV-D agency may request a review of the child support obligation at any time. The request must be in writing. Regardless of whether a review has been requested, child support orders for active obligated TANF, and IV-E cases are reviewed every 36 months from the date of the entry of the most recent order. Modifications may be either for an increase or decrease. Reviews can be requested on child support cases with DCSE or the court. DCSE will initiate a review of the amount of support ordered by any court or administrative agency. If the child support order is court ordered and the order specifies that the order deviated from the child support guidelines, DCSE petitions the court for a hearing. If the order is a court order and the order does not specify that the order deviates from the guidelines, DCSE asks the court to approve the Proposed Modified Order.
For Additional Information - No Link Provided |
3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
At the request of either party; at the request of another IV-D agency and there is a differece between the existing child support obligation amount and the new obligation amount is at least 10% of the existing obligation amount, and the change in the monthly obligation is at least $25.
For Additional Information - No Link Provided |
4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
For Additional Information - No Link Provided |
4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes. |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes. |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No.
For Additional Information - No Link Provided |
4.4. The cost of living has changed. |
No. |
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes. |
4.6. There has been a substantial change in childcare expenses. |
Yes. |
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
A child needs to be added to the order.
For Additional Information - No Link Provided |
5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No. |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
No.
For Additional Information - No Link Provided |
11. Lump Sum Payments
1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
"Lump sum" is not defined in the state code 63.2-1900.
For Additional Information - No Link Provided |
2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
No.
For Additional Information - No Link Provided |
3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Yes. The lump sum payment option box may be selected on the OMB-approved Income Withholding Order to collect on, but limited to, commissions, profit sharing, workers' compensation, service awards, and discretionary and nondiscretionary bonuses. An Order to Withhold may also be issued to employers, financial institutions, insurance companies, and Thrift Savings Plans. Lump sum payments can be earnings subject to CCPA limits. |
12. Cost Recovery And Fees
1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
Yes. Standardized fee of $25 assessed for reopening a non-IV-A case within 6 months of closing the case if the applicant opening the case is the same parent applicant that previously requested closure. Standardized legal fee of $120 assessed to the noncustodial parent in civil contempt cases when the Division prevails. |
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
Yes. For case reopening within 6 months after closed at applicant request, the fee can be assessed to either parent if they are 1- the new applicant and 2- the applicant that previously requested closure. For findings of civil contempt, the fee is assessed to the noncustodial parent. |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
Yes. Virginia collects amounts due to the initiating state as requested in the Child Support Enforcement Transmittal 1 or Transmittal 2 as applicable. |
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. |
3.1. Is it retained by the state from support collected? |
Yes. |
3.2. Is it paid by the individual applying for child support services? |
Virginia charges the $35 annual fee to the CP if the case is a never assistance case; the assessment is not contingent on the CP being the applicant for services as Virginia allows either parent to apply for services. After the first $550 is collected and disbursed, the next $35 paid is recovered by the state. |
3.3. Is it recovered from the noncustodial parent? |
No. |
3.4. Is it paid by the state out of its state funds? |
No. |
13. Insurance Match
1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
No.
For Additional Information - No Link Provided |
2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
The total arrearages for all of the noncustodial parents' cases equal a minimum of $25.00 and 30 days past due. |
3. What process does your state use to intercept insurance payments? |
Order to Withhold Insurance Assets for lump sum payout; Income Withholding for Support for periodic payments. If payout is anticipated to be periodic, with an anticipated lump sum, both order types are issued.
For Additional Information - No Link Provided |
4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
Other states may initiate and intercept collections from the Virginia Workers Compensation Commission. If the case is an interstate case, the initiating state should provide information to the responding state to take the action.
For Additional Information - No Link Provided |
5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
Yes. |
14. Family Violence
15. CSENet
1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
Yes. |
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
Yes. |
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
Yes. |
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
Yes. |
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
Yes. |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
Yes. |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
Requests to DCSE for certified copies of court orders are provided upon request at no cost by submitting a Transmittal #3. Requests made directly to the court may result in a fee.
For Additional Information - No Link Provided |
2. What are the procedures and associated costs for obtaining a certified payment record? |
Submit a Transmittal #3. DCSE provides certified payment records upon request at no cost.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
18. International - Reciprocity
1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
Virginia has state-level reciprocity for child support with the following countries: Australia, Austria, Czech Republic, England and Whales, France, Hungary, Northern Ireland, Norway, Poland, Scotland, Sweden, Switzerland, Germany and Zimbabwe. Also included are the Canadian provinces of Alberta, British Columbia, Manitoba, Newfoundland/Labrador, Nova Scotia, Ontario, New Brunswick Northwest Territories and Nunavut. |
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
No. |
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
Yes. |
19. International Information For Hague Convention Countries
20. International Payments
1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
Payments may be made by check or electronic funds transfer as designated by the initiating country. |
2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
No specific actions are taken. |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
Yes. For assistance with establishing electronic payments or questions regarding electronic payments, contact eftpayments@dss.virginia.gov |
21. Tribal Non IV-D
1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
No. |
1.1. If yes, list the tribes and identify services provided, if less than full services. |
For Additional Information - No Link Provided |
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
No. |