Virginia State Law
A. General/Program-At-A-Glance
A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)? |
16 Local IV-D Offices |
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only? |
No |
A2.1. If yes, what is the statutory citation? |
N/A
For Additional Information - No Link Provided |
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship? |
Yes |
A2.3. If yes, please explain. |
The Virginia State Bar issued a Legal Ethics Opinion stating that attorneys for the child support agency represent only the state agency. |
B. UIFSA
C. Reciprocity
C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.) |
None; although we do not have state-level agreements, other countries may forward UIFSA petitions, along with their UIFSA laws to Virginia, and we will attempt to assist them. |
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
C1.2. If yes, please explain. |
N/A |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? ** |
Yes |
C4. 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).) ** |
D. Age of Majority
E. Statute of Limitations
E1. What is your State's statute of limitations for collection of past-due support? |
20 years, subject to renewal
For Additional Information - No Link Provided |
E2. What is your State's statute of limitations for paternity establishment? |
The request for paternity establishment must be filed before the age of majority of child (18)
For Additional Information - No Link Provided |
E3. Is dormancy revival/renewal possible? |
No |
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible. |
N/A
For Additional Information - No Link Provided |
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
Administrative. |
J2. Is the lien process in your state judicial, administrative, or both? |
Administrative & judicial. |
J2.1. What are the trigger criteria for filing a lien? |
Arrears equal to or greater than 3 months of current support or exceed $1000; or evidence that NCP owns real or personal property.
For Additional Information - No Link Provided |
J2.2. Where are your state liens filed? |
Circuit Court where assets are located. |
J2.3. Does your state charge a fee for filing a lien? |
No |
J2.4. If yes, please indicate the amount. |
N/A |
J.3. Does your state enforce property seizure and sale? |
Yes |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Administrative & judicial. |
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
Administrative. |
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
When case established. |
J4.2. Does your state's income withholding definition include amounts in financial institutions? |
Yes
For Additional Information - No Link Provided |
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
Yes |
J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
The state. |
J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
After assets are frozen. |
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
NCP has a case with a current support obligation and the arrears are an amount greater than or equal to 90 days obligation. NCP has an arrears only case. On an arrears only case, the NCP owes at least $500 on arrears. |
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
See above answer
For Additional Information - No Link Provided |
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
Yes |
J5.3.1. If yes, please provide the time frame. |
90 days |
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
No |
J5.4.1. If yes, provide the percentage. |
N/A |
J5.4.2. Is the percentage different for joint accounts? |
No |
J5.4.3. If yes, describe. |
N/A |
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
No |
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
State |
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
The obligor and/or account holders have 10 calendar days after service to challenge the action.
For Additional Information - No Link Provided |
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
The obligor can file a "de novo" appeal to J&DR court within 10 calendar days of receipt of the hearings officers' decision. |
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
The obligor/account holder can challenge the action based on a mistake of fact or by claiming a legal exemption.
For Additional Information - No Link Provided |
J5.10. Is your state's complaint review process judicial, administrative, or both? |
Administrative |
J5.11. What are your state's penalties for incorrect seizures? |
None |
J5.12. Is the second challenge administrative, judicial, or both? |
Judicial |
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
10 days. No unique requirements. Non-debtor has same appeal rights as obligor. IV-D agency has 21 days to notify the non-debtor that assets have been frozen. The administrative hearings officer has 45 days to render a decision. |
J5.14. Is the freeze and seize operation in your state centralized or automated? |
Not centralized. Not automated. |
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
None |
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
No |
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
N/A
For Additional Information - No Link Provided |
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
Yes
For Additional Information - No Link Provided |
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
The Financial Institution is instructed to send the assets immediately.
For Additional Information - No Link Provided |
J6. Does your state withhold state funds or benefits? |
Yes |
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
Administrative & judicial. |
J7. Describe any other administrative enforcement procedures your state may have. |
Income withholding, lottery intercept, orders to withhold and deliver, and passport denial |
J8. Describe any other judicial enforcement procedures your state may have. |
none |
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
If not a two state case (intergovernmental) submit a Limited Services request for lien filing to VA's Central Registry. A certified arrears balance/payment history is necessary.
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J10. Which of your state's enforcement remedies are available without judicial actions? |
All. If administrative enforcement fails, Virginia will register the order for enforcement with the court. DCSE will register the order for modification |
J11. Describe your state's procedures for registering and enforcing another state's order. |
Orders can be registered under UIFSA for either enforcement or modification and enforcement |
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
No additional judicial procedures required after registration. After registration for enforcement and modification. Virginia can modify if Virginia has jurisdiction to do so |
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
J13.1. If yes, provide the statutory citation. |
Chapter 17.1, Sections 8.01-465.1 to 8.01-465.5 of the Code of Virginia
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Arrears equal to or greater than 3 months current support; the arrears total $500; arrears only cases; arrears must be at least $500. |
J15. To which credit bureaus does your state report an obligor's child support information? |
Innovis Data Solutions Equifax Information Service Center Trans Union Credit Information Company Experian (TRW) Information Services |
J16. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative |
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
FIDM |
J19. What documentation does your state require to proceed with an AEI request? |
Transmittal #3, certified arrears statement, certified court order |
J20. What mandatory data elements does your state need to process AEI requests? |
Transmittal #3, certified arrears statement, certified court order
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
J21. Which additional data elements would aid your state in processing AEI requests? |
names of all parties, copy of order, social security #, certified arrears balance/payment history, FIDM match, financial institution and account information |
J22. How many copies/sets of documents does your state require with an AEI request? |
1 original, 2 copies |
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
The criteria is the same as for any other enforcement remedy, other state must provide certified arrears. |
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
No |
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
Virginia does not require financial institutions to accept Freeze and Seize actions directly from other states; however, most do. Virginia will accept a Transmittal 3, but requires the basic Transmittal 1 information (names of all parties, copy of order, certified arrears balance/payment history, FIDM match, financial institution and account information). We will NOT pursue the funds unless there is a minimum balance of $500. |
J25. What is the procedure for obtaining a certified copy of a court order? |
Transmittal 3 |
J26. What is the procedure for obtaining a certified payment record? |
Transmittal 3 |
J27. Is there a cost for requesting a certified copy of a court order or payment record? |
Not through Virginia's Central Registry |
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
N/A |
J29. What triggers a driver's license revocation? |
A noncustodial parent is eligible for suspension if he or she owes at least $5000 or the arrears for all the noncustodial parent's cases total at least 90 days of the support obligation. |
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
Yes |
J29.2 If yes, what is the amount? |
Delinquent in the payment of child support by 90 days or more or in an amount of $5000 or more. |
J30. Under what conditions may a noncustodial party restore the driver's license? |
If unable to pay the delinquency in full, the noncustodial parent must enter into a signed payment agreement with the Division with specific terms to resolve the delinquency. The minimum payment is based on the amount of the arrears and whether or not the noncustodial parent has entered a previous payment agreement with the Division. |
J30.1 What is the process for restoring a driver's license? |
See 46.2-320.1 Code of Virginia |
J31. Does your state allow temporary or conditional driver's licenses? |
Yes |
J31.1 If yes, what are the conditions? |
If the noncustodial parent is unable to meet the required terms of a payment agreement to reinstate his/her driver's license s/he may petition the court for a restricted driver's license. |
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
N/A |
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
Yes |
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
Yes |
J33.2 What is the dollar amount? |
For TANF debt $150.00; for Non-TANF debt $500.00 |
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
Yes |
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
Yes |
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
No |
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
N/A |
J36.2 What is the dollar amount? |
N/A |
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
Yes |
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
Yes |
J38.2 What is the dollar amount? |
The total arrears must be at least $500.00. |
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
No |
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
K. Modification and Review/Adjustment
K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)? |
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 |
K2. Briefly describe your state's modification procedure. |
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 |
K3. What are your criteria for modification (for example, $50 or 20% from present order)? |
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. |
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
K4.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
K4.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
K4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
K4.6. There has been a substantial change in childcare expenses. |
Yes |
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
None |
K5. Does your state have cost of living adjustments (COLAs) for orders? |
No |
K5.1. If yes, what index does your state use? |
N/A |
K6. How does your state credit SSA disability to current and past-due support? |
Virginia adds SSA disability benefits paid for a child on account of, or in the name of the NCP, as income to the NCP on the obligation calculation worksheet. After the obligation is calculated, the benefit amount is subtracted from the NCP's share of the support obligation. |
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc. |
No |
K7.1. If yes, explain the circumstances? |
No. |
K7.2. What is the statutory citation for your abatement law? |
Not applicable
For Additional Information - No Link Provided |
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Not applicable
For Additional Information - No Link Provided |
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
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. These requests can be faxed to the attention of Brenda Adkins at (804) 726-7482. Please note the following time frames for return of information from OVR: *If OVR has only the Birth Certificate on file, it will take OVR 2-3 weeks to process the request. *If OVR has the Birth Certificate and the Acknowledgment of Paternity on file, it will take OVR 60-90 days to process the request. |
K8. What information does your state require to register an out-of-state order for enforcement/modification? |
To register an out of state order, Virginia requires a completed Transmittal #1, two copies of the Order (one certified), a completed Registration Statement, and a sworn statement of arrears. |
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support? |
Yes. Code of Virginia 20-60.3 (16); 63.2-1916(14) |
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only? |
Current support plus arrears. Code of Virginia 20-60.3(16); 63.2-1916(14) |
K10. What circumstances will cause your state to end child support before the normal duration? ** |
The child emancipates before the normal duration; The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else; The child marries; The child is adopted by someone other than the non-custodial parent; The child has been removed from the family and is a civil ward of the state. |
L. Payments
L1. Does your state define a lump sum payment? |
No |
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.). |
N/A |
L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
L2. Does your state law require employers to report lump sum payments? |
No |
L2.1 If yes, give the statutory citation or rule. |
N/A
For Additional Information - No Link Provided |
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)? |
No |
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
L4. How are employers instructed to report a pending lump sum? |
N/A |
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum? |
N/A |
L6. Does your state use the income-withholding order to attach the lump sum payment? |
No |
L7. Does your state use the lien/levy process to attach lump sum payments? |
Yes |
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments? |
Lump sum payments are attached in a variety of ways. Some are through the filing of liens and Orders to Withhold and Deliver. |
L8. What other documents does your state use to attach lump sum payments? |
None |
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit? |
No |
L9.1. If yes, what are those limits? |
N/A |
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment? |
No
For Additional Information - No Link Provided |
L9.3. If yes, what are those limits? |
N/A |
L9.4. If no, what percentage is the employer required to withhold? |
100% |
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply? |
Yes |
L10.1 If yes, would the employer only withhold for that period's obligation? |
Done in-house |
L11. Does your state have a direct deposit program? |
Yes |
L11.1 If so, specify the vendor. |
Xerox |
L12. Does your state have a debit card program? |
Yes |
L12.1 If so, specify the vendor. |
Yes |
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)? |
Childcare, TANF, and SNAP. |
L13.1 If so, are there fees involved? |
For a list of fees, please go to www.goprogram.com |
L14. What are the fees associated with using the card? |
For a list of fees, please go to www.goprogram.com |
L15. How does your state collect child support payments from an obligor? ** |
Payments must be made to a central location; Payment may be made by preauthorized withdrawal from a financial institution account; Payments may be made by income withholding; Payments may be made by check or warrant; Payments may be made by credit card; Payments may be made by electronic funds transfer; Payments may be made in cash; Payments may be made online on the MyChildSupport portal; Payments may be made at a TouchPay Kiosk |
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? ** |
Payments may be by check; Payments may be by electronic funds transfer |
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? ** |
All payments are processed through a designated authority; All payments are processed upon receipt |
L18. Does your state process electronic payments in international cases? ** |
Yes |
L18.1 If so, describe the process. ** |
The Commonwealth of Virginia processes international child support payments to custodial parents in Germany, Spain, Canada, United Kingdom of Great Britain, and Northern Ireland and to Child Support Agency in Heidelberg, Germany. The money is transmitted through Payment services and International ACH. |
L19. What is your state's International Bank Account Number (IBAN)? ** |
N/A |
M. Insurance Match
N. Case Closure
N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15) |
Yes |
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case? |
Yes |
N3. Does your state 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) |
Yes |
N4. Does your state 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) |
Yes |