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?

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

B1. What is the statutory citation for your state's 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/

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

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

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?

C1.2. If yes, please explain.

N/A

C2. Has your state established reciprocity with any Native American tribal courts?

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

D1. What is the age of majority in your state?

Age of majority is 18.

D2. What is the statutory citation for the age of majority?

16.1-228 of the Code of Virginia
For Additional Information -

http://law.lis.virginia.gov/vacode/16.1-228/

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

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

D4. Does the date of the order determine the law that is applied?

D4.1. If yes, please explain.

N/A

D5. Does child support end if the child leaves the household, but does not emancipate?

D5.1. Optional comments regarding emancipation.

N/A

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

Handicapped

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?

Yes

D7.1. If yes, please describe the procedure.

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 other wise emancipating. If the order is unilateral, we would not reduce the current support amount.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

N/A

D8.1 If not, how does this affect interstate referrals?

N/A

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?

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

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

Income shares based on the combined gross income of both parents
For Additional Information - No Link Provided

F2. Does your state charge interest on arrears?

Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

Statutory rate of 6% on amount unpaid after 30 days
For Additional Information -

http://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1951/

F3. Does your state charge interest on retroactive support?

Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

01-Jul-73 30-Jun-81 8% 01-Jul-81 30-Jun-83 10% 01-Jul-83 30-Jun-87 12% 01-Jul-87 30-Jun-91 8% 01-Jul-91 30-Jun-04 9% 01-Jul-04 Present 6%

F4. Does your state charge interest on adjudicated arrears?

Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

Statutory rate 6%
For Additional Information - No Link Provided

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?

Yes

F5.1. If yes, under what circumstances?

We will only enforce a medical debt when a court has set a specific dollar amount.

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?

Yes

F6.1. If yes, what costs are recovered from or fees charged to the obligee?

application fee

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

Costs are recovered from the obligor for genetic testing for paternity, IRS tax intercept fee,service of process and legal fees for enforcement

F7. Does your state recover costs on behalf of the initiating state?

Yes

F7.1. Optional comments regarding recovery of initiating state's fees.

Whatever fees the initiating state request that are including in the total arrears

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

20-88.35 of the Code of Virginia
For Additional Information -

http://law.lis.virginia.gov/vacode/title20/chapter5.3/section20-88.35/

F9. Does your state establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

No, establishment and modification. Yes, will enforce when there is also a child support order

F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)

F10.1. Optional comments regarding required information on spouse or partner.

N/A

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

The $35 fee is automatically deducted from the custodial parent's payments after the first $550 in payments has been collected and disbursed.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $550?

Yes.

F11.2 Does your state collect the fee from the person applying for IV-D services?

The fee is collected from payments disbursed to the custodial parents who is usually, but not always, the applicant.

F11.3. Does your state collect the fee from the absent parent?

No.

F11.4. Does your state pay the fee out of its own funds?

No.

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

10/01/2009

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?

Yes

F14. Does your state participate in the pass-through in former assistance cases?

F14.1. If yes, provide the date.

N/A

F15. Will your state discontinue eligible assignments under the DRA of 2005?

F15.1. If yes, list the eligible assignments your state would discontinue.

N/A

F15.2. When will your state discontinue each type of assignment?

N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

PRWORA

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

If the order is a Virginia order, we can redirect payments to a different custodial parent while we initiate court action to have the order changed to a new payee. We can NOT do this on out-of-state orders.
For Additional Information - No Link Provided

F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

F17.3. How does your state collect the $35.00 annual fee on never-TANF cases?

The $35 fee is automatically deducted from the custodial parent's payment's after the first $550 in payments has been collected and disbursed.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases?

Yes

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).

Any cost incurred by the Commonwealth of Virginia including genetic test fees, legal fees, and federal tax intercept fees.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

Yes

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?

Public assistance payments, SSI, college work study, annuities to survivors of federal judges, benefits for victims of crime, burial contracts, proceeds from industrial sick benefits insurance, benefits from group life insurance policies, and growing crops not severed
For Additional Information -

http://leg1.state.va.us/000/src.htm

G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

G2.1. If yes, what are those limits?

N/A

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?

The employer may charge the NCP $5 for each reply or remittance sent to the Division
For Additional Information - No Link Provided

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

By the next regular pay period following service of the order on the employer or in the next instance of compensation if the obligor is an independent contractor.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?

Payment shall be made at regular intervals consistent with the pay periods of the obligor

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?

Such employers are referred to the Attorney General's office for legal action

G7. What is the penalty to an employer for failure to remit payments withheld?

The employer is liable for the support amount if he fails to deduct and remit the support as ordered
For Additional Information - No Link Provided

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?

G8.1. Explain your process for receiving direct withholding orders across state lines.

Direct income withholding can be sent to an employer across state lines, but not direct withholding of unemployment insurance benefits (UI). State law allows it, but the Virginia Employment Commissions automated system cannot process orders from another state.
For Additional Information - No Link Provided

G8.2. What documents are required to intercept UI benefits?

Virginia child support has an automatic intercept for UI benefits. UI benefits can be intercepted as a full services case or a limited services case.A full UIFSA packet requesting interception of benefits will need to be submitted to Virginia's central registry. For limited services submit Transmittal 1 with a certified arrears statement/pay history and a certified court order.

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.

State law allows it, but the Virginia Employment Commissions automated system cannot process order from another state

G10. How does an obligor contest income withholding in your state?

The NCP has 10 calendar days from the date of service of the support order containing the income withholding to appeal to the administrative hearing officer

G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.

Wage withholding orders take priority over any other type of lien created by state law against an employee's income, except the IRS. When an employer receives more than one income withholding orders, the employer must prorate among the orders based upon the current amounts due, with any remaining amounts prorated among the orders for any arrearages to the extent that the amounts withheld, when combined, do not exceed the maximum limits imposed by the CCPA.

G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?

Yes

G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

For Additional Information -

http://leg1.state.va.us/000/src.htm

G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?

G13. When does your state require the employer to send notice of an employee's termination?

The employer is required to send notice of termination immediately.
For Additional Information - No Link Provided

G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?

There is no requirement for the employer to retain the IWO after termination of the employee.

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes. Both obligors and employers can make payments 24 hours a day/7days a week through our secure web-based Virginia My Child support payments at https://mychildsupport.dss.virginia.gov/default.aspx
For Additional Information -

https://mychildsupport.dss.virginia.gov/default.aspx

G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?

A direct income withholding can be sent to any employer in the Commonwealth of Virginia. The Virginia Employment Commission will NOT accept direct withholdings from other states.
For Additional Information - No Link Provided

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.

Child support is ordered as the priority when there is insufficient income for an employer to withhold both.
For Additional Information - No Link Provided

G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?

Distribute collections in excess of the current support amount to Virginia arrears first if arrears are owed to Virginia, then to the initiating state for distribution to other states.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

VA Code 63.2-1954
For Additional Information -

http://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1954/

G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

H1.1. If yes, please explain.

N/A

H2. 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

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

VA Code 63.2-1913, 63.2-1914 and 20-49.1
For Additional Information -

http://leg1.state.va.us/ooo/src.htm

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?

07/01/1988

H4.1. Were acknowledgments prior to that effective date rebuttable?

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

Acknowledgements did not exist prior to 7/1/88.
For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

The legal father may petition for adjudication of paternity if he can present reasonable doubt that he is the biological father.
For Additional Information - No Link Provided

H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

Yes

H6.1. If no, briefly explain.

For Additional Information -

https://law.lis.virginia.gov/vacode/title32.1/chapter7/section32.1-257/

H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

Please refer to VA Code 32.1-257

H8. Does your state have any other paternity-related presumptions?

H8.1. If yes, briefly explain.

N/A

H9. Does your state have a putative fathers' registry?

Yes

H9.1. If yes, what is the name of that entity?

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

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.

The Birth Certificate fee is $12. There are no circumstances under which these fees may be waived.
For Additional Information - No Link Provided

H11. Is common-law marriage recognized in your state?

H11.1. If yes, briefly describe the standard that defines common-law marriage.

N/A

H11.2. When did your current common-law standard go into effect?

H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

There has never been a common law standard in effect in Virginia.
For Additional Information -

http://leg1.state.va.us/000/src.htm

H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

Paternity Affidavit, teleconferencing, written documents

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

20-88.35 of the Code of Virginia
For Additional Information - No Link Provided

H14. Does your state recover genetic testing costs for another state?

Yes

H14.1. If yes, please explain.

If state request genetic testing recovery.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

To get the father's name of the birth certificate, a sworn acknowledgement of paternity of both parents or a final determination of paternity by a court of competent jurisdiction is needed.

H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

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

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Administrative with Judicial used as a back-up

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

Administrative is the states first preference

I1.2. Under what circumstances would a judicial process would be used?

minor PF/NCP, incarcerated felons, after administrative process has been exhausted

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

63.2-1901 to 63.2-1946 of the Code of Virginia
For Additional Information -

http://leg1.state.va.us/000/src.htm

I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

Combined monthly gross income of both parents' income is considered when calculating the child support obligation
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your state?

20-108.1 of the Code of Virginia contains 14 provisions that can be used for rebuttal in judicial establishment. � 63.2-1918 of the Code of Virginia and � 40-880-240 of the Virginia Administrative Code contain factors for rebuttal in administrative establishment.
For Additional Information - No Link Provided

I4. Will your state establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

receipt of public assistance

I4.2. What information or documentation does your State require to proceed?

Financial information for the period being assessed
For Additional Information - No Link Provided

I4.3. Will your state allow a petition for support when the only issue is retroactive support?

Yes

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Virginia may not establish support for prior periods except for the repayment of public assistance debt. No debt can be established when the public assistance was paid before the putative father was determined to be the legal father or for a period when the NCP received public assistance or SSI or had no verified identifiable assets and was institutionalized, incarcerated or medically verified to be totally and permanently disabled with no evidence of paying support.

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

Yes, Virginia can use an administrative process for paternity establishment and the establishment, modification, and enforcement of child support.
For Additional Information - No Link Provided

I6. What is your state's statutory authority for the administrative process?

63.2-1903 of the Code of Virginia
For Additional Information -

http://law.lis.virginia.gov/vacode/title63.2/chapter19/section63.2-1903/

I7. Is there a local state law that allows an interstate administrative subpoena?

Yes
For Additional Information - No Link Provided

I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

No
For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?

I10. 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?

I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?

Anytime that child support was specifically addressed in the original order even if it was to reserve support, any change to that would require a modification.

I12. 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 custodian obtain legal custody before a support order is modified or established?

No. Code of Virginia 63.2-1903(B); 16.1-241 (A) (3); 16.1-278.15(A); 20-124.2 (C)

I13. 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 custodian obtain legal custody before support can be redirected to the new payee?

No, must apply for services. Code of Virginia 63.2-1903 (B)

I14. What methods of personal service does your state use? **

Forward documents needing to be served to the sheriff or other public official; Forward documents needing to be served to a private contractor; Forward documents needing to be served via certified only or registered mail.

I15. Does your state send and receive pleadings and documents electronically in international cases? **

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

N/A

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

Child care expenses; Medical or dental expenses. Medical expenses for pregnancy and birth.

I17. Please provide the relevant statutory or case law citation. **

VA Code 20-108.2
For Additional Information -

http://law.lis.virginia.gov/vacode/title20/chapter6/section20-108.2/

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

I18.1 If yes, indicate the appropriate responses. **

N/A

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?

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?

J5.4.1. If yes, provide the percentage.

N/A

J5.4.2. Is the percentage different for joint accounts?

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.

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)?

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 -

http://leg1.state.va.us/000/src.htm

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 -

http://leg1.state.va.us/000/lst/LS615016.HTM

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?

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?

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?

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.

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.

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?

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.

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?

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?

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)?

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?

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?

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

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information -

http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information -

http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

M2.1. If yes, provide the statutory citation

N/A
For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

N/A
For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

N/A

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

No.

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

N/A

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

N/A

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

No
For Additional Information - No Link Provided

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

Yes

M3.1. Provide the statutory citation.

Section 63.2-1932 of the Code of Virginia
For Additional Information - No Link Provided

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

Section 63.2-1929 of the Code of Virginia
For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

The NCP has 10 days from the date of notice to file an appeal. Section 63.2-1929 of the Code of Virginia
For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

N/A

M7. How does another state initiate and intercept collections from your state workers' compensation agency?

Other states may initiate collections from the Virginia Workers Compensation Commission.

M7.1. What is the process, the points of contact, and what forms?

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