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.

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

Support will continue for any child that is a full-time high school student, not self-supporting, and living in the home of the parent, until the child reaches the age of nineteen (19) or graduates from high school, whichever comes first. Support terminates when the child turns 18 if the child is not in high school. For Additional Information - http://law.lis.virginia.gov/vacode/16.1-228

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

N/A For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes, if the child has a disability. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

It is based on Virginia case law and would require one of the parties to petition the court. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

If the current support order is a per child order, we automatically reduce the amount by the amount set for the child reaching the age of majority or otherwise emancipating. If the order is unilateral, we would not reduce the current support amount.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

Yes. A support order may be established for receipt of public assistance only debt that was not established prior to the child reaching the age of majority (18) or if the child has a disability.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

20 years, subject to renewal. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

The request for paternity establishment must be filed before the age of majority of child (18). For Additional Information - https://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1913

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No For Additional Information - No Link Provided

4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Virginia observes the Income Shares Model. For Additional Information - No Link Provided

2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

Yes. Interest is charged at 6%. For Additional Information - http://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1951

3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

Yes, interested is calculated. Interest at charges at 6% as of July 1, 2004

4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

Yes, interest charges at 6%.

5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

Yes, the medical debt for the uninsured portion amount must specified in a court order.

6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

When there is a change in custody/care of a child(ren) under an existing Virginia court order, payments for that child(ren) can be redirected to a different caregiver while court action is initiated to have the order changed for the new payee. When there is an administrative support order (ASO) for support in place, payments are not redirected; a new ASO is established payable to the new person or entity entitled to receive support for the child.

6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.

Yes. Under a Virginia order, payments can be redirected to a different caregiver under a Virginia court order. When this occurs, Virginia will initiate court actions to change the current Virginia order payable to the new caregiver. When there is an administrative support order (ASO) for support in place, payments are not redirected, a new ASO is established payable to the new person or entity entitled to receive support for the child. For Additional Information - No Link Provided

7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

No. For Additional Information - No Link Provided

8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?

Yes For Additional Information - No Link Provided

9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

Yes. The court uses its authority to abate/change the support. For Additional Information - No Link Provided

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

98% or greater is conclusive. For Additional Information - No Link Provided

3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

63.2-1913, 63.2-1914 and 20-49.1 of the Code of VA For Additional Information - No Link Provided

4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes. The legal father may petition for adjudication of paternity if he can present reasonable doubt that he is the biological father. For Additional Information - https://law.lis.virginia.gov/vacode/title20/chapter2/section20-31.1

5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

Yes. For Additional Information - https://law.lis.virginia.gov/vacode/title32.1/chapter7/section32.1-257

6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

No

7. What, if any, is the agency name and link for your state's putative fathers' registry?

The Virginia Birth Father Registry. For Additional Information - No Link Provided

8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Birth records can be obtained by the appropriate parties (father, mother, person of record) from the Office of Vital Records & Health Statistics (OVR) at 2001 Maywill Street, Richmond, Virginia 23230 for a fee of $12. They can be reached at (804) 662-6200. Acknowledgments of Paternity are sealed and can only be released by OVR upon the Order of a court or upon a request from Virginia's Division of Child Support Enforcement (DCSE). IV-D agencies may send a UIFSA request to Virginia DCSE as follows: *Transmittal #3 (which must include the names, social security numbers, and dates of births for the mother, father, and children). The requesting state should choose selection #8 on the form and indicate the information that is needed. For Additional Information - No Link Provided

9. Does your state�s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Yes. The Birth Certificate fee is $12. For Additional Information - No Link Provided

9.1. Describe any circumstances under which these fees may be waived?

There are no circumstances under which these fees may be waived. For Additional Information - No Link Provided

10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No.

11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

N/A

12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

A custodial parent and alleged father with multiple children can be included in the same set of UIFSA documents with a separate paternity affidavit for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

The Division uses administrative processes to establish a support obligation. The judicial process is used only when administrative methods are unsuccessful or an exception to the administrative process exists (e.g. minor father).

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

The Division uses administrative processes to establish a support obligation. The judicial process is used only when administrative methods are unsuccessful or an exception to the administrative process exists (e.g. minor father). For Additional Information - https://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1903

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

Minor father and if administrative methods are unsuccessful. For Additional Information - https://law.lis.virginia.gov/vacode/title20/chapter3.1/section20-49.6

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

In addition to the noncustodial parent's income, DCSE uses income from the other legal parent (mother or father). DCSE does not use income from a third party custodian. For Additional Information - https://law.lis.virginia.gov/vacode/title20/chapter6/section20-108.1

2.1. What documentation is required as proof/evidence of this information?

Financial information, such as paystubs, NDNH quarterly earnings information, employer records and similar information is used.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

20-108.1 and 63.2-1918 of the Code of Virginia contain the provisions for rebutting presumptive guidelines For Additional Information - https://law.lis.virginia.gov/vacode/title20/chapter6/section20-108.1

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes, but only for receipt of public assistance. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Financial information, such as paystubs, NDNH quarterly earnings information, employer records and similar information for the period being assessed is acceptable. If the NCP received TANF, SSI or a combination of SSI/SSDI or SSI/SSR or was incarcerated during any time when the prior period support is sought, this information is also required. The monthly amount of public assistance paid is required to establish support for prior periods as Virginia will not order public assistance reimbursement greater than the amount expended. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

Yes.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Virginia does not establish support for prior periods except for the repayment of public assistance debt. No public assistance debt is established for periods prior to the putative father being determined to be the legal father. No public assistance debt is established for periods when the NCP received public assistance; SSI or combination SSI/SSDI, SSI/SSR; or had no verified identifiable assets and was institutionalized, incarcerated or medically verified to be totally and permanently disabled. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

It depends on the wording of the order and jurisdiction (circuit court or juvenile court), but in most instances, it would be order establishment. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No. Upon application for Division services or a IV-A referral, the Division would proceed to establish support for the new custodial parent. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

SSI, a combination of SSI and SSDI, a combination of SSI and SSR, Veteran Administration benefits that are based on credit for disability, public assistance payments, child support payments, amounts that exceed the Consumer Credit Protection (CCPA) limits, federal student loans and grants, including work study assistance, any other funds exempt from withholding by federal and state law. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. Withholding limits of 50-65% are consistent with and closely follows the Federal CCPA. Withholding limit information is provided on the Income Withholding Orders. For Additional Information - https://law.lis.virginia.gov/vacode/34-29

2.1. Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

No. For Additional Information - No Link Provided

2.2. What are the withholding limits for non-employees?

The withholding limits applied to non-employees are 50-65% of the payment. Withholding limit information is provided on the Income Withholding Order. For Additional Information - No Link Provided

3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).

$5.00 per payment. For Additional Information - No Link Provided

4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

No. For Additional Information - No Link Provided

5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

Yes, after the date of service. For Additional Information - No Link Provided

5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

The employer is to begin withholding the next regular pay period following service of the order on the employer. For Additional Information - No Link Provided

6. When must an employer remit amounts withheld from an employee's pay?

The employer shall remit payment on each regular pay date. If electronic funds transfer is used, within four (4) days of the pay date. For Additional Information - No Link Provided

7. What are your state's sanctions for employers for not implementing income withholding?

Referral to the Attorney General's office for legal action. For Additional Information - No Link Provided

7.1. What are the penalties to an employer for failure to remit payments withheld?

The employer is liable for payments if it fails to deduct or remit the payments as ordered. For Additional Information - No Link Provided

8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.

Virginia law does allow for direct income withholding orders from other jurisdictions. However, withholdings are submitted to the Virginia Employment Commission via automated system process, and the automated system does not allow for processing of orders from other jurisdictions. For Additional Information - No Link Provided

8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

The requesting jurisdiction may submit a Transmittal #1, Transmittal #3, certified order, certified pay history. For Additional Information - No Link Provided

9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.

Yes. A direct income withholding order can be sent to any employer in the Commonwealth of Virginia. For Additional Information - No Link Provided

9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

The requesting jurisdiction may submit a Transmittal #1, Transmittal #3, certified order, certified pay history.

10. How does a noncustodial parent contest an income withholding in your state?

The noncustodial parent may submit a written request to the administrative hearings officer within 10 calendar days from the date of service of the order/notice. For Additional Information - No Link Provided

11. 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).)

Payment amounts received are applied by the automated system based on an allocation formula. Payments are prorated when there is more than one claim against the noncustodial parent's income.

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Mandatory deductions are federal, state, city taxes and FICA. For Additional Information - No Link Provided

13. When does your state require the employer to send notice of an employee's termination?

Virginia code directs the employer to notify the Department promptly when the obligor terminates employment. For Additional Information - No Link Provided

14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

Payment amounts received are applied by the automated system based on an allocation formula. The allocated amounts are distributed per the payment distribution hierarchy - to all current support balances first (with current child support as the first priority), arrearage second, interest third, and fees last. Virginia distributes support payments pursuant to 63.2-1954 Code of Virginia For Additional Information - No Link Provided

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Yes. Virginia allows a pass through of a total of $100 to the TANF recipient.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

State arrears first (PRWORA distribution).

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

Virginia distributes support payments pursuant to 63.2-1954 Code of Virginia.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Virginia distributes support payments pursuant to 63.2-1954 Code of Virginia. For Additional Information - https://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1954

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)

1. What is the statutory citation for your state's enactment of UIFSA?

20-88.32 through 20-88.95 of the Code of Virginia. For Additional Information - http://law.lis.virginia.gov/vacode/title20/chapter5.3

2. How does your state define the tribunal (See UIFSA 103)?

20-88.32 of the Code of Virginia For Additional Information - https://law.lis.virginia.gov/vacode/title20/chapter5.3/section20-88.32

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

1 original transmittal, 2 copies; 1 certified court order; 1 certified arrears statement, 2 copies of each.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No.

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

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes. 20-88.88 of the Code of Virginia For Additional Information - https://law.lis.virginia.gov/vacode/title20/chapter5.3/section20-88.88

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

Yes, documents are sent and received electronically for informational and communication purposes only. Documents received for purposes of judicial action must be in hard copy form.

3. What methods of personal service does your state use?

Personal service may be accomplished by sheriff, uniformed police officer or court official. The Division may also utilize a process server.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Work-related child care expenses, actual cost of providing health and dental insurance coverage for the dependent. For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

The Division refers voluntary outreach programs to help parents overcome barriers and encourage consistent payment of support. Court ordered programs are also available in some localities and provide outreach resources.

6. What circumstances will cause your state to end child support before the normal duration?

There are legal circumstances that end child support before the normal duration. However, child support does not automatically terminate by operation of law. Virginia law requires the petitioning of the issuing tribunal to request termination. For Additional Information - No Link Provided

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.