The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Absent parent" means a responsible person as defined
in § 63.1-250 of the Code of Virginia who is required under law to support a
dependent child or the dependent child and the child's caretaker. "Administrative" means noncourt ordered, legally
enforceable actions the department may take to establish, modify, collect,
distribute or enforce a child support obligation. "AFDC" means Aid to Families with Dependent
Children which is established under Title IV-A of the Social Security Act. This
is a category of financial assistance paid on behalf of children who are
deprived of one or both of their parents by reason of death, disability, or
continued absence (including desertion) from the home. See also
"TANF." "AFDC/FC" means Aid to Families with Dependent
Children or Foster Care which is established under Title IV-E of the Social
Security Act. This is a category of financial assistance paid on behalf of
children who otherwise meet the eligibility criteria for AFDC and who are in
the custody of local social services agencies.
"Appeal" means a request for a review of an administrative action taken by the division, or an action taken to contest a court order.
"Applicant" or "applicant/recipient" means a party who applies for and receives services from the division.
"Application" means a written document requesting child support enforcement services which the department provides to the individual or agency applying for services and which is signed by the applicant.
"Arrears" or "arrearage" "Arrearage"
means unpaid child or medical support payments, interest, and other costs for
past periods owed by a parent to the state or obligee. This may include unpaid
spousal support when child support is also being enforced. "Assignment" means any assignment of rights to
child, spousal, or medical support or any assignment of rights to medical
support and to payments for medical care from any third party.
"Bad check" means a check not honored by the bank on which it is drawn.
"Case summary" means a written statement outlining the actions taken by the department on a case that has been appealed.
"Child support guideline" means a
requirement for the establishment and adjustment/modification of financial
child support and is comprised of §§ 20-108.1 and method for calculating
a child support obligation as set out in § 20-108.2 of the Code of
Virginia. "Custodial parent" or "obligee" means
(i) the natural or adoptive parent with whom the child resides, (ii) a
stepparent or other person who has physical custody of the child and with whom
the child resides, or (iii) a social service agency which has legal custody of
a child in foster care. "Debt" means the total unpaid support obligation
established by court order, administrative order, or payment of public
assistance that is owed by an obligor to either the custodial parent/obligee,
to the Commonwealth, or to the obligor's dependents.
"Delinquency" means an unpaid child or medical support obligation. The obligation may include spousal support when child support is also being enforced.
"Department" means the Virginia Department of Social Services.
"District office" means a local office of the
Division of Child Support Enforcement responsible for the operation of the
Support Enforcement Program child support enforcement program.
"Division" means the Division of Child Support Enforcement of the Virginia Department of Social Services, also known as a IV-D agency.
"Enforcement" means ensuring the payment of child
support through the use of administrative or judicial means [
described in § 63.2-1904 of the Code of Virginia ]. "Erroneous payment" means a payment sent to the
custodial parent/obligee for which no funds were received by the department to
be paid to that applicant/recipient.
"Federal foster care" means foster care that is established under Title IV-E of the Social Security Act. This is a category of financial assistance paid on behalf of children who otherwise meet the eligibility criteria for TANF and who are in the custody of local social service agencies.
"Financial statement" means the provision of financial information from the natural or adoptive parents.
"Foreclosure" means a judicial procedure to
enforce debts involving forced judicial sale of the real property of a debtor. "Genetic testing" means scientifically reliable
genetic tests, including blood tests, as described in §§ 20-49.1, 20-49.3,
20-49.4, 20-49.8, and 63.1-250.1:2 of the Code of Virginia.
"Good cause" means, as it pertains to TANF [
AFDC/FC [ federal foster care ] applicants and
recipients, an agency determination that the individual does not have is
not required to cooperate with Division of Child Support Enforcement
the division in its efforts to collect child support. "Health insurance coverage" means any plan
providing hospital, medical, or surgical care coverage for dependent children
provided such coverage is available and can be obtained by a parent at a
Hearings Hearing ]
officer" means a disinterested person designated by the department to
hold appeal hearings and render appeal decisions on administrative actions an
impartial person charged by the Commissioner of [ the Department of ]
Social Services to hear appeals and decide if an agency followed its policy
and procedures. "Interest" means charges accrued on past due child
support at the prevailing judgment rate.
"IV-D agency" means a governmental entity
administering the child support [ enforcement ] program
enforcement ] under Title IV-D of the Social Security
Act. In Virginia the IV-D agency is the Division of Child Support Enforcement. "Judicial" means an action initiated through a
court. "Local social service agency" means one of
Virginia's locally administered social service or welfare departments which
operate the TANF and AFDC/FC programs and other programs offered by the
department. "Location" "Locate services"
means obtaining information which is sufficient and necessary to take action on
a child support case including information concerning (i) the physical
whereabouts of the obligor or the obligor's employer, or (ii) other sources of
income or assets, as appropriate. Certain individuals and entities such as
courts and other state child support enforcement agencies can receive
locate-only services from the department. "Location only services" means that certain
entities such as courts and other state child support enforcement agencies can
receive only locate services from the department. "Medicaid only" "Medicaid-only"
means a category of public assistance whereby a family receives Medicaid but is
not eligible for or receiving AFDC TANF.
"Medical support services" means the establishment of a medical support order and the enforcement of health insurance coverage or, if court ordered, medical expenses.
"Mistake of fact" means an error in the identity
of the obligor or in the amount of support owed. "Noncustodial parent" means a responsible person,
as defined in § 63.1-250 of the Code of Virginia, who is obligated under
Virginia law for support of a dependent child or child's caretaker.
"Obligation" means the amount and frequency of payments which the obligor is legally bound to pay as set out in a court or administrative support order.
"Obligee" means an individual to whom a duty of
support is or is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered. "Obligor" means an individual, or the estate of a
decedent, who owes or is alleged to owe a duty of support, is alleged but has not
been adjudicated to be a parent of a child, or is liable under a court order.
"Occupational license" means any license, certificate, registration, or other authorization to engage in a business, trade, profession, or occupation issued by the Commonwealth pursuant to Title 22.1, 38.2, 46.2, or 54.1 of the Code of Virginia or any other provision of law.
"Parent" means any natural or adoptive parent; the natural or adoptive parent with whom the child resides; a stepparent or other person who has physical custody of the child and with whom the child resides; a local board that has legal custody of a child in foster care; or a responsible person who is or may be obligated under Virginia law for support of a dependent child or child's caretaker.
"Past due support" means support payments determined under a court or administrative order which have not been paid.
"Pendency of an appeal" means the period of time
after an administrative appeal has been made and before the final disposition
by an administrative hearing officer, or between the time a party files an
appeal with the court
hears a case and the court renders a
[ final ] decision. "Public assistance" means payments for TANF, or
AFDC/FC, or Medicaid.
"Putative father" means
an alleged father; a
person named as alleged to be the father of a child born
out-of-wedlock but whose paternity has not been established. "Reasonable cost" means, as it pertains to health
insurance coverage, available through employers, unions, or other groups
without regard to service delivery mechanism.
"Recipient" means a person
who or agency
that has applied for or is in receipt of receives public
assistance or child support enforcement services.
"Recreational license" means any license, certificate, or registration used for the purpose of participation in games, sports, or hobbies, or for amusement or relaxation.
"Service" or "service of process" means the delivery to or leaving of a child support document, in a manner prescribed by state statute, giving the party reasonable notice of the action being taken.
"Subpoena" means a document commanding a person
to appear at a time and place to give testimony upon a certain matter. "Subpoena duces tecum" means a document
compelling production of specific materials relevant to facts in a pending
"Summons" means a document notifying
an absent or
custodial a parent or other person that he or she must appear
at a time and place named in the document to provide information needed to
pursue child support actions. "Supplemental Security Income" means a program
administered by the federal government which guarantees a minimum income to
persons who meet the requirement of aged, blind, or disabled. "Support order" means a judgment, decree, or
order, whether temporary, final, or subject to modification, issued by a court
or an administrative agency of competent jurisdiction, for the support and
maintenance of a child, including a child who has attained the age of majority
under the law of the issuing state, or a child and the parent with whom the
child is living, which provides for monetary support, health care, arrearages,
or reimbursement, and which may include related costs and fees, interest and
penalties, income withholding, attorneys' fees, and other relief. "TANF" means Temporary Assistance for Needy
Families, formerly known as AFDC. Part II
22VAC40-880-20. Services provided.
A. Child support enforcement services shall be provided
a group to AFDC, AFDC/FC, and non-AFDC clients to all TANF and non-TANF
customers. Courts and other state IV-D agencies may apply for
location-only services. Medicaid only Medicaid-only [ clients
customers ] shall be provided services to establish or enforce medical
support and may, at their request, receive full services health care orders
[ at their request ]. B. Child support enforcement services shall include the
following services which may involve administrative or court action: 1. Location of absent parents, their employers, or their
sources of income; 2. Establishment of paternity; 3. Establishment or modification of child support
obligations, including the responsibility to provide health insurance coverage;
4. Enforcement of child support and medical support
obligations, both administratively and judicially determined; and 5. Collection and disbursement of child support payments,
regardless of whether the obligation is legally established.
B. The department shall provide locate services (i) whenever the location of parents or their sources of income or assets is needed in order to establish parentage, establish a child support order, or enforce a child support obligation and (ii) when there is sufficient identifying information available to the department to access locate sources.
Eligibility for services. (Repealed.) A. Individuals who apply for TANF, AFDC/FC, or Medicaid
only assistance are automatically eligible for child support services. 1. TANF and AFDC/FC applicants and recipients must subrogate
all rights to support to IV-D, which includes all child support services as a
condition of eligibility for public assistance unless a determination of good
cause has been made for the IV-D agency not to pursue child support services. 2. Medicaid applicants/recipients must accept medical
support and paternity establishment services as a condition of eligibility for
Medicaid unless the local social services agency determines that good cause
exists for not accepting these services. 3. The department shall close a child support case in which
the local social service agency has determined that good cause exists for not
cooperating with the department in its pursuit of child support. 4. The department shall continue to provide child support
services to an individual whose TANF, AFDC/FC, or Medicaid case closes. a. The department shall provide these services without
requiring a formal application. b. The department shall continue to provide these services
until the applicant/recipient states in writing that the services are no longer
wanted. This request will result in closure of the child support case unless
this action is contrary to state or federal law, or outstanding arrears are
owed to the Commonwealth for TANF previously paid. B. An individual who is not receiving TANF, AFDC/FC, or
Medicaid assistance must make an application for child support services as a
condition of eligibility for those services with the exception that an
application is not required for cases transferred from the courts to the department
on or after October 1, 1985. For such cases the payee shall be deemed as having
executed an authorization to seek or enforce a support obligation with the
department unless the payee specifically indicates that the department's
services are not desired. 1. The child for whom child support is being requested must
have an order in place for his support, or be under 18 years of age. 2. If the child for whom support is being sought is under 18
years of age, the applicant must be the parent or physical guardian of the
child. C. Individuals residing outside of Virginia shall be
eligible for child support services: 1. Upon a request for services from the IV-D agency in the
state in which they reside; or 2. Upon receipt of an application from nonresident individuals
and accompanying documentation. D. Locate-only services. 1. Custodial parents may apply for locate-only services. 2. Noncustodial parents may apply for locate-only services
for custody and visitation purposes only. 3. Courts and other state IV-D agencies are eligible for
child support enforcement services or for location only services. Article 2
Department as Payee
Assignment of rights. (Repealed.) A. Assignment of child support rights to the Commonwealth
is automatic by operation of law with receipt of AFDC and AFDC/FC assistance and
continues after the public assistance case closes unless the client requests in
writing that the services be terminated. B. Assignment of medical support rights to the Commonwealth
is automatic by operation of law with receipt of Medicaid only assistance and
continues after the public assistance case closes unless the client requests in
writing that the service be terminated.
Authorization to seek or enforce a child
support obligation. (Repealed.) Persons receiving child support services shall give the
department written authorization to seek or enforce support on behalf of the
child or spouse and child.
Special conditions regarding receipt of TANF
or AFDC/FC. (Repealed.) Pursuant to § 63.1-251 of the Code of Virginia, receipt of
TANF or AFDC/FC assistance creates a debt to the Commonwealth. Article 3
Application fees. (Repealed.) The application fee for child support services is $1.00 for
nonpublic assistance clients. The department shall pay this fee on behalf of
such applicants for child support enforcement services.
Application process. (Repealed.) A. The department shall make applications accessible to the
public and shall include with each application information describing child
support enforcement services and the applicant's rights and responsibilities. 1. The department shall provide an application on the day an
individual requests the application when the request is made in person. 2. The department shall send applications within five
working days of the date a written or telephone request for an application is
received. B. The department shall provide TANF, AFDC/FC, and Medicaid
recipients with the above information, and the rights and responsibilities of
applicants, within five working days of receiving the referral from a local
social service agency. C. The department shall, within two calendar days of the
date of application from a nonpublic assistance recipient or from the date a
referral of a public assistance recipient is received, establish a case record,
and within 20 calendar days, obtain the information needed to locate the
noncustodial parent, initiate verification of information, if appropriate, and
gather all relevant facts and documents. Article 4
Case Assessment and Prioritization
22VAC40-880-90. Case assessment.
The After establishing a case record, the
department shall (i) assess the case information to determine if sufficient information
to establish or enforce a child support obligation is available and verified and,
(ii) attempt to obtain additional case information if the information is not
sufficient and, (iii) gather all relevant documents, and (iv)
verify case information which is not verified.
22VAC40-880-100. Case prioritization.
A. The department shall give priority to cases which
contain any of the following on the absent parent or putative father: 1. Verified, current, residential address; or 2. Current employer; or 3. Last known residential address or last known employer if
the information is less than three years old; or 4. Social security number and date of birth. B. The department shall give low priority but shall review
periodically cases in which: 1. There is not adequate identifying or other information to
meet requirements for submittal for location, or 2. The absent parent receives supplemental security income
or public assistance.
The department shall have the authority to prioritize cases based on available information.
Service of Process
Service of process. (Repealed.) Service is necessary when child support obligations are
established either administratively or through court action and, in some instances,
when actions to enforce the obligation are taken. The department shall use
diligent efforts to serve process as allowed by law. Article 6
Administrative summons. (Repealed.) The department may summons obligees, obligors, and parents
to appear in the division's office to provide essential information necessary for
the collection of child support. The department may request the Department of Motor Vehicles
to suspend or refuse to renew the driver's license of a party who fails to
comply with a subpoena, summons, warrant, or writ of capias relating to
paternity or child support proceedings pursuant to § 46.2-320 of the Code of
Virginia. Article 7
Costs associated with the provision of child
support services. (Repealed.) A. The department may not require custodial parents to pay the
costs associated with the provision of child support services unless contesting
genetic test results. B. The department shall assess and recover fees from the
parties according to the rules set out in Part XII (22VAC40-880-680 et seq.) of
this chapter. Part III
Location services. (Repealed.) The department shall provide location services (i) whenever
the location of absent parents or their employers is needed in order to
establish or enforce a child support obligation and (ii) when there is
sufficient identifying information available to the department to access
Location sources. (Repealed.) Whenever location services are provided, the department
shall access all necessary locate sources. Locate sources include but are not
limited to: 1. Local public and private sources; 2. State Parent Locator Services; 3. Electronic Parent Locator Network; 4. Central Interstate Registry; 5. Federal Parent Locator Service; and 6. Parents, friends, and other personal sources.
Location time requirements. (Repealed.) A. The department shall access all appropriate location
sources within 75 calendar days of receipt of the application for child support
services or the referral of a public assistance recipient if the department
determines that such services are needed and quarterly thereafter if the
location attempts are unsuccessful. B. The department shall review at least quarterly those
cases in which previous attempts to locate absent parents or sources of income
or assets have failed, but adequate identifying and other information exists to
meet requirements for submittal for location. C. The department shall provide location services
immediately if new information is received which may aid in location. D. The department shall utilize the Federal Parent Locator
Service at least annually when other location attempts have failed with the
exception of cases referred through the central registry. E. When another state requests location services from the
department, the department shall follow the time requirements described in 45
CFR § 303.7. Part IV
Establishing Child Support Obligations Article 1
Establishing paternity. (Repealed.) In order for the department to establish a child support obligation
and to enforce and collect child support payments from a putative father, the
father must be determined to be legally responsible for the support of the
child. In situations in which a putative father has not been legally determined
to be the father of the child, paternity must be established before a child
support obligation can be administratively ordered or court ordered. The
department pursues paternity establishment in accordance with §§ 20-49.1
through 20-49.9 and 63.1-250.1:2 of the Code of Virginia. 1. The department shall obtain a sworn statement for each
child from the mother acknowledging the paternity of the child or children for
whom child support is sought. 2. Based on this sworn statement, the department shall
attempt to locate the putative father, if necessary, according to the locate
time requirements described in Part III (22VAC40-880-140 et seq.) of this
chapter. 3. Once the putative father is located, the department shall
contact him to determine if he is willing to sign a sworn statement voluntarily
acknowledging paternity or to voluntarily submit to genetic testing to
determine paternity. a. The department shall advise the putative father verbally
and in writing of his rights and responsibilities regarding child support prior
to obtaining a sworn statement of paternity. b. A putative father who signs a sworn statement of
paternity along with an acknowledgement from the mother or who, through genetic
testing, is affirmed by at least a 98% probability to be the father of the child
is responsible for the financial support of the child or children. 4. When the putative father does not sign a sworn statement
of paternity or does not voluntarily submit to genetic testing, the department
shall order the putative father to submit to genetic testing. If the putative
father refuses to comply with the genetic testing order, the department shall
petition the court for a paternity determination when there is sufficient
evidence to do so. 5. Within 90 calendar days of locating the putative father,
the department shall: a. Obtain a sworn acknowledgement of paternity or arrange
for voluntary or mandatory genetic testing or the purpose of establishing
paternity, or b. File a petition with the court for paternity
establishment. 6. In any case where more than one putative father has been
identified, the department shall pursue paternity for all putative fathers.
Establishing paternity in interstate cases.
(Repealed.) The department shall establish, if possible, the paternity
of children who do not reside in Virginia when the putative father resides in
Virginia and a request for such services is received from another state IV-D
agency. Article 2
Administrative Support Orders
22VAC40-880-190. Administrative establishment of a child support obligation.
A. The department has statutory authority to establish
child support obligations through noncourt ordered, legally enforceable child support
orders. These administrative orders have the same force and effect as a support
order established by the court. These administrative orders shall contain the
information listed in § 63.1-252.1 of the Code of Virginia. B. The amount of child support that is owed and the
frequency with which it is paid must be established before the payment of child
support can be enforced. C. The administrative order shall be called the
administrative support order. D. A. The department shall use the administrative
support order to establish a temporary child support obligation when judicial
determinations of support are pending due to custody and visitation issues. E. B. Within 90 calendar days of locating the
putative father or noncustodial parent, and except as shown in subsection H D
of this section, the department shall either establish an administrative
child support order or petition the court to serve and complete
service of process on the putative father or noncustodial parent to
establish a child support obligation, or shall diligently attempt to complete
the service of process necessary for an obligation to be ordered. F. C. When a court dismisses a petition for a
support order without prejudice or an administrative [ hearings hearing ]
officer overrules an administrative support action, the department shall
examine the reasons for the dismissal or overruling to determine when or if
further action is appropriate. G. The child support obligation is established when an
administrative support order has been served and the 10-day appeal period for
the administrative order has elapsed. H. A child support obligation shall not be established when
the obligor is receiving Temporary Assistance for Needy Families (TANF),
Supplemental Security Income (SSI), or General Relief (GR) benefits.
Determining the amount of the child support
obligation. (Repealed.) A. The administrative child support order shall include
information and provisions as set forth in § 63.2-1916 of the Code of Virginia. B. Verification of financial information and use of
financial statements. 1. The department shall use financial statements obtained
from the legally responsible parents to determine the amount of the child
support obligation and shall verify financial information used to determine
child support obligations. 2. The legally responsible parents shall complete financial
statements upon demand by the department. Such responsible parties shall
certify under penalty of perjury the correctness of the statement. 3. If the custodial parent is a recipient of public
assistance, the department shall use the information obtained through the TANF
or AFDC/FC eligibility process to meet the financial statement and financial
information verification requirements. 4. The department shall define the type of financial
information which shall be required based on § 63.2-1919 of the Code of
Virginia which is incorporated by reference. The department has the authority
to request verification of financial information for the purpose of
establishing or modifying a child support obligation. The department will not
provide credit for self-employment tax paid if the most recent federal tax
return and the Schedule H attachment are not provided by the party upon
request. 5. When both parents are noncustodial, each parent must
provide financial information. In this situation, the person with whom the
child resides shall not be required to complete a financial statement. C. The department shall determine the amount to be paid
monthly toward past due support when the obligation is administratively ordered
and when a court ordered obligation for support does not specify the amount to
be paid toward the past due support. The monthly payment for past due support
will be $65 or 25% of the current obligation, whichever is greater, and shall
not exceed the amount allowed under the federal Consumer Credit Protection Act.
Service of the administrative support order.
(Repealed.) The department must legally serve the administrative
support order on the obligor in order to have an established obligation. The
department shall also provide a copy of this document to the obligee in no less
than 14 days from date of service on the obligor.
Medical support. (Repealed.) A. The department shall have the authority to issue orders
containing provisions for medical support services for the dependent children of
obligors if the coverage is available at reasonable cost as defined in §
63.1-250.1 of the Code of Virginia. B. The obligor shall provide information regarding the
availability of or changes in health insurance coverage for his or her
dependent children. C. The obligor shall provide health insurance coverage for
the child or children if health insurance is available through his or her
employment. The department may enter an administrative order or seek a judicial
order requiring the obligor's employer to enroll the dependent children in a
group health insurance plan or other similar plan providing health insurance
coverage offered by the employer as provided in § 20-79.3 of the Code of
Child support guideline. (Repealed.) A. The department shall use the child support guideline,
which includes the Schedule of Monthly Basic Child Support Obligations (§ 20-108.2
B of the Code of Virginia) and procedures in §§ 20-108.1 and 20-108.2 of the
Code of Virginia in calculating obligation amounts except for obligations
determined as set forth in 22VAC40-880-240 for which the presumptive amount
will only be used as the initial support calculation. B. The department may not include benefits from public
assistance programs as defined in § 63.1-87 of the Code of Virginia,
Supplemental Security Income, or child support received in calculating the
combined gross income.
22VAC40-880-240. Administrative deviation from the child support guideline.
There shall be a rebuttable presumption that the amount of
child support that results from the application of the guidelines is the
correct amount of child support pursuant to §§ 20-108.1, 20-108.2, and
63.2-1918 of the Code of Virginia. Deviations from the guideline shall
be allowed as follows: 1. A deviation from the gross income of either parent shall be
allowed when a parent has other dependent children residing with him or has
child support orders for other dependent children for which either parent is
legally and financially responsible and who are not included in a child support
order. a. If there is an order in place for such child, the actual
amount of the order is allowed. b. If there is no order in place (i.e., the child lives in
the home of either parent), a deviation is allowed equal to the amount of
support found in the Schedule of Basic Monthly Child Support Obligations (§
20-108.2 B of the Code of Virginia) for the income of the parent receiving the
deviation and the number of children for whom a deviation is allowable as
described above. 2. 1. When either natural or adoptive
parent is found to be voluntarily unemployed or fails to provide financial
information upon request, income shall be imputed except as indicated below. A natural
or adoptive parent is determined to be voluntarily unemployed when he quits
a job without good cause or is fired for cause.
a. The current or last available monthly income shall be used to determine the obligation if that income is representative of what the natural or adoptive parent could earn or otherwise receive.
b. If actual income is not available, use the federal minimum wage multiplied by 40 hours per week and converted to a monthly amount by multiplying the result by 4.333.
c. Where parents have never been employed, income
shall not be imputed. ] 3. 2. No other deviations from the child support
guidelines may be made in establishing or adjusting administrative support
orders or reviewing court orders. Should potential deviation factors exist, as
stated in § 20-108.1 of the Code of Virginia, refer the case to court for
22VAC40-880-250. Periodic reviews of the child support obligation.
A. Either parent may request a review of the child support
obligation once every three years. Additional requests may be made earlier by
of a special circumstance that a material
change of circumstance has occurred that potentially affects the child
support obligation. Such changes shall be limited to the following:
1. An additional child needs to be
covered by added
to the order;
2. A child
needs to be removed when another child remains
covered by the order; is no longer eligible to receive current support
due to a change of custody or emancipation and needs to be removed from an
existing order that includes other children;
3. A provision for health care coverage needs to be added;
4. A provision ordering the natural or adoptive parents to share the costs of all unreimbursed medical/dental expenses exceeding $250 per child per year covered by the order needs to be added; or
5. A change of at least 25% can be documented by the requesting
party parent in the following circumstances:
a. Income of either
party natural or adoptive
b. Amount of medical insurance; or
c. Cost of
dependent care. employment-related
B. The department shall adjust an administrative obligation when the results of the review indicate a change of at least 10% in the monthly obligation but not less than $25.
Enforcing Child Support Obligations
Enforcement. (Repealed.) A. The department shall, whenever possible,
administratively enforce compliance with established child support orders including
both administrative and court orders. B. The department shall enforce child support obligations
at the time the administrative support order is initially entered through the
use of an income withholding order. C. The department shall enforce child support obligations
when the obligation becomes delinquent through the use of one or more of the
following administrative enforcement remedies: 1. Income withholding order; 2. Liens; 3. Orders to withhold and deliver; 4. Foreclosure; 5. Distraint, seizure, and sale; 6. Unemployment compensation benefits intercept; 7. Bonds, securities, and guarantees; 8. Tax intercept; 9. Internal Revenue Service full collection service; 10. Credit bureau reporting; 11. Enforcement remedies for federal employees; 12. Occupational and professional license suspensions; 13. Driver's license suspension; 14. Recreational or sporting license suspensions; or 15. Financial Institution Data Match. D. The department shall attempt to enforce current and
delinquent child support payments through administrative means before
petitioning the court for enforcement action unless it determines that court
action is more appropriate. E. The department shall take appropriate enforcement
action, unless service of process is necessary, within 30 calendar days of
identifying a delinquency or of locating a noncustodial parent, whichever
occurs later. F. The department shall take appropriate enforcement action
if service of process is necessary within 60 calendar days of identifying a
delinquency or of locating a noncustodial parent, whichever occurs later. G. The department shall take appropriate enforcement action
within the above timeframes to enforce health insurance coverage. H. When an enforcement action is unsuccessful, the
department shall examine the reason or reasons and determine when it would be
appropriate to take an enforcement action in the future. The department shall
take further enforcement action at a time and in a manner determined
appropriate by department staff. I. The department shall use high-volume administrative
enforcement, to the same extent as used for intrastate cases, in response to a
request made by another state to enforce support orders, and shall promptly
report the results of such enforcement procedures to the requesting state,
pursuant to 42 USC § 666(a)(14).
Withholding of income. (Repealed.) A. The department shall issue an income withholding order
against all income except income exempted under federal and state law. B. The department shall serve the income withholding order
on the employer. C. The department shall release the income withholding
order only if one of the following occurs: 1. The current support order terminates, and any past due
support is paid in full; 2. Only past due support is owed and it is paid in full; 3. The whereabouts of the child or child and custodial
parent become unknown; 4. Bankruptcy laws require release; or 5. A nonpublic assistance custodial parent or former public
assistance custodial parent no longer wants the services of the department and
no debt is owed to the Commonwealth. Article 2
Income Withholding Enforcement Remedies
Withholding of income; administrative
support orders. (Repealed.) The administrative support order shall include a requirement
for immediate withholding of the child support obligation from the noncustodial
parent's income unless the parties agree in writing to an alternate payment
arrangement, or good cause is determined by the department for not implementing
an immediate withholding, pursuant to 42 USC § 666(a)(8)(B)(i) and § 63.1-258.1
of the Code of Virginia.
22VAC40-880-290. Determining the amount to be applied toward past due support.
The department shall collect any
court ordered court-ordered
amount to be paid toward past due support. If the order does not specify an amount
to be paid toward past due support, the department shall determine the amount
to be paid monthly toward past due support. The monthly payment for past due
support will be $65 or 25% of the current or former obligation or
$65, whichever is greater. For disposable earnings, the total amount
withheld shall not exceed the amount allowed under the federal Consumer
Credit Protection Act. (See § 34-29 of the Code of Virginia. )
Alternative payment arrangement. (Repealed.) The custodial parent and noncustodial parent may mutually
choose an alternative payment arrangement at the time the obligation is
established as an alternate to immediate withholding of income for payment of
child support. Article 3
Other Enforcement Remedies
Enforcement remedies. (Repealed.) The department shall have the authority to administratively
collect delinquent child support payments from absent parents. These are called
22VAC40-880-320. Initiated withholding of income.
In all initial and modified administrative support orders,
the department shall initiate an income withholding order unless the parties
agree to [
an a written ] alternative
payment arrangement. The department shall send initiate an
income withholding order to an the noncustodial parent's employer
requiring the deduction withholding of the child support
obligation from the noncustodial parent's income under the following
1. When a payment is delinquent in an amount equal to or exceeding one month's child support obligation, or
2. When either parent requests that withholding begin
regardless of whether past due support is owed
or support payments are in
Liens. (Repealed.) A. A lien arises by operation of law for overdue support
pursuant to 42 USC § 666(a)(4)(A) and the department may file a lien on the
real or personal property of the noncustodial parent when the division has: 1. Issued an administrative support order; 2. Received a Virginia court order; or 3. Received a support order from a jurisdiction outside of
Virginia. B. Any lien of the department shall have the priority of a
secured creditor. C. Any lien of the department shall be subordinate to the
lien of any prior mortgagee. D. Any lien shall be released when the past due support has
been paid in full.
Orders to withhold and deliver. (Repealed.) A. The department may use orders to withhold and deliver to
collect assets such as bank accounts, trust funds, stocks, bonds, and other
types of financial holdings when past due support is owed. B. The department may use high-volume administrative
enforcement (AEI) in response to a request made by another state to enforce
support orders by using orders to withhold and deliver to collect assets such
as bank accounts, trust funds, stocks, bonds, and other types of financial
holdings when past due support is owed. The department shall promptly report
the results of such enforcement procedure to the requesting state. C. The department shall release the order to withhold when
the order cannot be served on the noncustodial parent. D. The department shall release the order to deliver when: 1. The past due support is paid, or 2. The noncustodial parent makes satisfactory alternate
arrangements for paying the full amount of the past due support.
22VAC40-880-350. Distraint, seizure, and sale.
A. The department may use distraint, including booting of vehicle, seizure and sale against the real or personal property of a noncustodial parent when:
are arrears is an arrearage of at least $1,000
for a case with a current support obligation and at least $500 for an [ arrears-only
arrearage-only ] case;
2. Conventional enforcement remedies have failed or are not appropriate; and
3. A lien has been filed pursuant to § 63.2-1927 of the Code of Virginia.
B. Assets targeted for distraint, including booting of vehicle, seizure and sale are:
1. Solely owned by the noncustodial parent.
2. Co-owned by the noncustodial parent and current spouse.
3. Owned by a business in which the noncustodial parent is the sole proprietor. Assets owned by business partnerships or corporations which are co-owned with someone other than a noncustodial parent's current spouse do not qualify for booting of vehicle, or seizure and sale.
Director director of the Division of
Child Support Enforcement division or his designee shall give final
approval for the use of distraint, seizure and sale. This includes immobilizing
a vehicle using vehicle boots.
D. When initiating booting, or seizure and sale of vehicle, the department shall check with the Department of Motor Vehicles for vehicles registered in the noncustodial parent's name, the address on the vehicle registration, and the name of any lien holder on the vehicle.
E. Once a lien has been filed pursuant to § 63.2-1927 of the
Code of Virginia, the department shall send a notice of intent to the
noncustodial parent before initiating distraint, including booting of vehicle,
seizure and sale action.
If there is reason to believe that the noncustodial
parent will leave town or hide the asset, the asset can be seized without
sending the notice and with proper documentation.
F. If the noncustodial parent contacts the department in
response to the intent notice, the department shall request payment of
the arrearage in full. The department shall negotiate a settlement if
the noncustodial parent cannot pay the [ arrears arrearage ]
in full. The least acceptable settlement is 5.0% of the arrearage owed or $500,
whichever is greater, with additional monthly payments towards the arrears
arrearage that will satisfy the arrearage within 10 years. The
department may initiate distraint, including booting of vehicle, seizure and
sale, without further notice to the noncustodial parent if the
noncustodial parent defaults on the payments as agreed.
G. The department shall send a fieri facias request to each county or city where a lien is filed and a levy is being executed if the noncustodial parent does not contact the department in response to the intent notice.
H. The department shall set a target date for seizure or booting and have the sheriff levy the property or boot the vehicle.
I. Once property has been seized or booted by the sheriff, the
department must (i) reach a payment agreement with the noncustodial parent of
5.0% of the arrearage owed or $500, whichever is greater, with additional
monthly payments towards the
arrears arrearage that will satisfy
the arrearage within 10 years and release the vehicle to the owner; (ii)
proceed with the sale of the vehicle pursuant to § 63.2-1933 of the Code of
Virginia; or (iii) at the end of 90 days from the issuance of the writ of fieri
facias, release the vehicle to the owner.
J. The department shall send a cancellation notice to the sheriff if a decision is made to terminate the seizure action before the asset is actually seized.
K. If the department sells an asset and it is a motor vehicle, the department shall notify the Department of Motor Vehicles to issue clear title to the new owner of the vehicle.
Unemployment compensation benefits
intercept. (Repealed.) The department may intercept unemployment compensation
benefits for support within the limits set by the federal Consumer Credit
Protection Act pursuant to 15 USC § 1673(b) and § 34-29 of the Code of
Bonds, securities, and guarantees. (Repealed.) The department shall use administrative bonds, securities,
and guarantees as an enforcement action only if the amount of the delinquency
exceeds $1,000 and: 1. After all other enforcement actions fail; or 2. When no other enforcement actions are feasible.
22VAC40-880-380. Tax intercept.
A. The department shall intercept state and federal income tax refunds due to obligors that owe support arrearages.
B. The Virginia Department of Taxation prescribes rules for interception of state tax refunds and notification to the person whose state tax refund is being intercepted.
1. The department may retain moneys up to the amount owed on the due date of the finalization notice from the department to the Virginia Department of Taxation.
2. The department may intercept state tax refunds when the
amount arrearage equals at least $25.
3. State tax refund intercepts shall be disbursed in the same manner as support payments. Federal tax intercepts shall be disbursed as required pursuant to 42 USC § 664.
4. The department may not disburse the intercepted state taxes if the noncustodial parent has appealed the intercept action and the appeal is pending.
5. The department shall issue a refund to the noncustodial parent when one of the following occurs:
a. The intercept was made in error;
b. The noncustodial parent pays the
delinquent amount arrearage
in full after the Department of Taxation has been notified of the delinquency
arrearage and before the tax refund is intercepted; or
c. The total amount intercepted is more than the amount of the
delinquency arrearage owed at the time that notification of the
tax intercept is received from the Department of Taxation, and the noncustodial
parent does not agree to allow the department to apply the excess funds to any delinquency
arrearage that accrued after certification for tax intercept. C. The Internal Revenue Service has prescribed rules
regarding the interception of federal tax refunds. 45 CFR 302.60 and 303.72 are
incorporated by reference in this chapter.
License suspension. (Repealed.) A. The department may petition the court to suspend any
license, certificate, registration or other authorization to engage in a business,
trade, profession or occupation pursuant to 42 USC § 666(a)(16) and §
63.1-263.1 of the Code of Virginia. B. The department may request the Department of Motor
Vehicles to suspend or refuse to renew the driver's license of an obligor
pursuant to 42 USC § 666(a)(16) and § 46.2-320 of the Code of Virginia. C. The department may petition the court to suspend any
recreation or sporting activity license issued to an obligor pursuant to 42 USC
§ 666(a)(16) and § 63.1-263.1 of the Code of Virginia. Article 4
Federal Enforcement Remedies
22VAC40-880-390. Additional remedies.
In addition to state administrative enforcement remedies, the
use utilize available federal enforcement
remedies to enforce child support obligations and collect accumulated
22VAC40-880-405. Passport denial program.
A. The department shall participate in the Passport Denial Program for the denial, revocation, or limitation of noncustodial parents' passports where child support arrearages exceed the federally mandated threshold.
B. The department shall certify the arrearages to the federal Office of Child Support Enforcement, which will then (i) send notice of the certification on behalf of the department to the individual and (ii) certify the arrearage to the Department of State pursuant to the Passport Denial Program.
C. An individual has the right to appeal per the notice to a
Department of Social Services' hearing officer. The only issues reviewable on
appeal are (i) whether the arrears met the threshold at the time of
certification, or (ii) mistaken identity.
The decision of the hearing
officer is final with no further appeal. An appeal from the hearing
officer shall be to circuit court pursuant to the procedures under the Setoff
Debt Collection Act (§ 58.1-520 et seq. of the Code of Virginia). The
issues in subsections D and E are not reviewable by the hearing officer.
D. An individual's child support arrearages shall be paid in full before the department notifies the federal Office of Child Support Enforcement that the individual is eligible to receive a passport.
E. Exceptions to paying all arrearages prior to release of a passport may be granted by the IV-D agency director upon written request documenting compelling evidence of a life-or-death situation of an immediate family member. Such decision whether to grant an exception shall be in the sole discretion of the IV-D agency director.
22VAC40-880-410. Enforcement remedies to be used against federal employees.
A. The department may apply its enforcement remedies
against United States military and civilian active and retired personnel
current and retired employees of the United States. B. When enforcement under Virginia law is unsuccessful, the
department may use involuntary allotments to enforce support obligations of
certain federal employees, including active military personnel and public
health services employees. 1. For the purposes of these enforcement actions,
delinquency shall be defined as failure of the noncustodial parent to make
support payments equal to the amount due for two months. 2. The amount of money withheld from these wages shall be up
to the amount allowed under the federal Consumer Credit Protection Act pursuant
to 15 USC § 1673(b) and § 34-29 of the Code of Virginia. Part VI
Appeal rules. (Repealed.) Actions to establish and enforce child support obligations
administratively may be appealed according to the following rules.
22VAC40-880-430. Validity of the appeal.
A. The department shall determine the validity of an administrative appeal.
1. The appeal must be in writing.
2. If the appeal is personally delivered, the appeal must be
received within 10 [
working business ] days of service of
the notice of the proposed action on the appellant.
3. If mailed, the postmark must be within 10 business days from the date of service of the notice of the proposed action on the appellant.
The only exception to this shall be For
appeals of federal and state tax intercepts . The, the appellant
shall have 30 days to note an appeal a tax intercept notice to
22VAC40-880-440. General rules for appeals.
A. The appeal shall be heard by a hearing officer.
1. The hearing officer may hold the hearing by telephone or in the district office where the custodial parent or his or her case resides unless another location is requested by the appellant.
parties parents may be represented at the
hearing by legal counsel.
3. The appellant may withdraw the appeal at any time. The
department may withdraw its actions at any time
, such as when a case review
reveals new information or that prior action taken was incorrect.
4. The hearing officer shall accept a request for a continuance from the noncustodial parent or the custodial parent if:
a. The request is made in writing at least five business days prior to the hearing, and
b. The request is for not more than a 10-day continuance, except when the facts presented justify an exception.
B. The hearing officer shall notify the
of the date and time of the hearing in accordance with § 63.1-267.1 63.2-1942
of the Code of Virginia.
C. Prior to the hearing, the hearing officer shall send the
parents a copy of the case summary prepared by the district office. D. The hearing officer shall serve the appellant and mail
the other party a copy of the hearing officer's decision either at the time of
the hearing or no later than 45 days from the date the appeal request was first
received by the department. E. The hearing officer shall notify the parties in writing
by certified mail if the appeal is determined to be abandoned because the
appellant did not appear at the hearing. F. Either party may appeal the hearing officer's decision
as follows: 1. For cases under the Setoff Debt Collection Act (§
58.1-520 et seq. of the Code of Virginia), to the circuit court on the record
within 30 days of the date of the decision. 2. For all other cases, to the juvenile and domestic
relations district court de novo within 10 calendar days of receipt of the
Appeal of enforcement actions. (Repealed.) A. The absent parent may appeal the actions of the
department to enforce a support obligation only under the following conditions:
1. For withholding of earnings; liens; distraint, seizure, and
sale; and unemployment compensation benefits intercept the appeal shall be
based only on a mistake of fact; 2. For orders to withhold and deliver the appeal shall be
based only on (i) a mistake of fact or (ii) whether the funds to be withheld
are exempt by law from garnishment; and 3. Federal and state tax intercepts may be appealed based
only on (i) a mistake of fact or (ii) the validity of the claim. B. A mistake of fact is based on: 1. An error in the identity of the absent parent, or 2. An error in the amount of current support or past due
Appeal of federal enforcement remedies. (Repealed.) Actions to enforce child support payments through federal
enforcement remedies may not be appealed through the Department of Social
Services. Absent parents shall appeal these actions to the federal agency which
took the action. Part VII
Long-arm authority. (Repealed.) The department shall extend its authority whenever possible
to establish and enforce child support obligations on out-of-state absent parents
as provided in § 63.1-250.1 of the Code of Virginia.
22VAC40-880-480. Cooperation with other state IV-D agencies.
A. When the
noncustodial parent and the custodial parent
parents reside in different states, cooperation between these state
agencies may be necessary.
B. The department shall provide the same services to other state IV-D cases that it provides to its own cases with the following conditions:
1. The request for services must be in writing; and
2. The request for services must list the specific services needed.
C. The department shall request in writing the services of other state IV-D agencies when one parent resides in Virginia, but the other parent resides in another state.
D. Other department responsibilities in providing services to
other state IV-D cases and obtaining services from other state IV-D agencies
are defined in 45 CFR 303.7 and §§
63.1-274.6 63.2-1902 and
20-88.32 through 20-88.82 of the Code of Virginia.
Central registry. (Repealed.) A. The department shall manage the flow of interstate
correspondence through a Central Registry located in the division's central office.
Correspondence will be handled according to the rules established by the state
and federal regulations cited by reference above. B. The Central Registry shall act as the Uniform Interstate
Family Support Act State Information Agent required by §§ 63.1-274.6 and
20-88.32 through 20-88.82 of the Code of Virginia. Part VIII
Confidentiality and Exchange of Information
Information Collected by the Department
Information collected from state, county,
and city offices. (Repealed.) A. The department may request and shall receive from state,
county, city, and local agencies within and without the Commonwealth
information about noncustodial parents. B. The department shall use this information to locate and
collect child support payments from noncustodial parents.
Subpoena of financial information. (Repealed.) The department may subpoena financial records or other
information relating to the obligor and obligee from a person, firm,
corporation, association, political subdivision, or state agency to establish
or enforce the collection of child support. A civil penalty not to exceed
$1,000 may be assessed for failure to respond to a subpoena, pursuant to 42 USC
§ 666 (c)(1)(B) and § 63.1-250.1 of the Code of Virginia. Article 2
Information Released by the Department
Agencies to whom the department releases
information. (Repealed.) A. The department may release information on the parents as
set forth in 45 CFR 303.21 to courts and other state child support agencies for
the purpose of establishing or enforcing a child support order. B. The department may release information directly bearing
on the identity and whereabouts of a noncustodial parent or putative father to
public officials and agencies seeking to locate obligors for the purpose of
enforcing child support obligations including but not limited to the Attorney
General, law-enforcement agencies, prosecuting attorneys, courts of competent
jurisdiction and agencies in other states engaged in the enforcement of support
of children and their caretakers. C. The department shall provide information on the
noncustodial or custodial parent to an entity other than the ones listed above
with the written permission of that parent. However, the department may not
release information regarding the noncustodial parent's debt to private
collection agencies, if it deems such disclosure inappropriate. D. The department shall release information concerning
parents' medical support payments and medical support orders to the Department
of Medical Assistance Services.
Release of information to and from the
Internal Revenue Service. (Repealed.) A. The department may not release information provided by
the Internal Revenue Service to anyone outside of the department with the
following exceptions: 1. The department may release the information to local
social service agencies and the courts, but the source of the information may
not be released. 2. The department may release information provided by the
Internal Revenue Service if that information is verified by a source
independent of the IRS. B. The division director, or a designee, may release
information on absent parents to the Internal Revenue Service.
Request for information from the general
public. (Repealed.) The department shall answer requests for information from
the general public within five working days of receipt of the request or less
as federal and state law may require.
Requests for information from parents. (Repealed.)
A. The department shall release, upon request from either
parent, copies of court orders, administrative orders, enforcement actions, fiscal
records, and financial information used to calculate the obligation. However,
when a protective order has been issued or there is a risk of physical or
emotional harm from the other party, information other than the name of the
party at risk shall not be released. B. The department shall release to either parent personal
information contained in the case record which pertains to the individual
requesting the information with one exception. The department may not release
medical or psychological information for which the physician providing the
information has stated the individual should not have access. C. Either parent may correct, challenge, or explain the
personal information which pertains to that individual and may challenge the
financial information of the other parent. D. The department shall charge a fee for copying case
record information. The department shall base the fee on the cost of copying
22VAC40-880-560. Release of health insurance information.
The department shall provide specific third party liability
information to the Department of Medical Assistance Services in order for that
agency to pursue the noncustodial parent's health insurance provider for any
Medicaid funds expended for his or her dependents who are receiving TANF or
federal foster care or who are Medicaid-only [ clients customers ].
A. The department shall release health insurance coverage
information on TANF,
AFDC/FC federal foster care, and Medicaid
only Medicaid-only cases to the Department of Medical Assistance
Services as prescribed in the cooperative agreement between the department and
B. The department shall release health insurance coverage
information on TANF,
AFDC/FC federal foster care, and Medicaid
only Medicaid-only cases to other state child support agencies upon
their request. Part IX
Rights and Responsibilities of the Custodial Parent and of the Department
Custodial Parent's Rights and Responsibilities
Custodial parents. (Repealed.) Throughout this chapter rights and responsibilities of the
custodial parents are mentioned in general terms. This section of the chapter
does not abridge those rights and responsibilities; it adds to them.
Custodial parent's rights. (Repealed.) A. The department shall give the custodial parent prior
notice of major decisions about the child support case. B. The department shall periodically inform the custodial parent
of the progress of the case. C. The department shall provide the custodial parent with
copies of appropriate notices as identified in this chapter. D. The department shall advise custodial parents who
receive AFDC of the following rights: 1. The $50 disregard payments, and 2. Eligibility for continued Medicaid coverage when AFDC is
no longer received. E. The department shall advise parents who receive AFDC,
AFDC/FC, and Medicaid only of their eligibility for continued child support
services when public assistance is no longer received. F. The department shall inform all non-AFDC or AFDC/FC
clients at the time of application for services of the effect of past receipt
of AFDC or AFDC/FC on the collection of child support payments.
Custodial parent's responsibilities. (Repealed.) A. Custodial parents must give full and complete
information, if known, regarding the absent parent's name, address, social security
number, current employment, and employment history and provide new information
when learned. B. Custodial parents must inform the department of any
public assistance which was received in the past on behalf of the parent and
children. C. Custodial parents must promptly (i) inform the
department of any divorce actions or court actions to establish a child support
order, (ii) send to the department copies of any legal documents pertaining to
divorce, support, or custody, and (iii) inform the department of any changes in
custody or plans for reconciliation with the absent parent. D. Custodial parents must notify the department if an
attorney is hired to handle a child support matter. E. Custodial parents must notify the department immediately
of any change in their financial circumstances. F. Custodial parents must notify the department in writing
regarding any change of their address or name. When possible, the custodial
parent shall give this notification 30 days in advance. Article 2
Department's Rights and Responsibilities
Department's rights. (Repealed.) A. The department shall decide, in a manner consistent with
state and federal requirements, the best way to handle a child support case. B. The department shall decide when to close a case based
on federal requirements and the criteria in Part XI (22VAC40-880-670 et seq.).
Department's responsibilities. (Repealed.)
A. The department shall act in a manner consistent with the
best interests of the child. B. The department shall establish a priority system for providing
services which will ensure that services are provided in a timely manner. C. The department shall keep custodial parents advised
about the progress of the child support cases and shall include custodial
parents in major decisions made about the handling of the child support case. Part X
Processing Support Payments
Child Support and Medical Support Payments
Disbursement of payments. (Repealed.) A. A noncustodial parent may have multiple child support
obligations. 1. Each case shall receive full payment of the current
obligation when possible. 2. If the noncustodial parent's disposable earnings do not
cover the full payment for each current support order, the department shall
prorate the amount withheld among all orders. B. Current support obligations shall be satisfied before
satisfying past due support. C. The method by which child support and medical support
payments are disbursed is governed by 45 CFR 302.51 and 302.52 which are
incorporated by reference. D. No refund shall be made of any overpayment of support
under $1 except upon written request by the payor. Article 2
Bad checks. (Repealed.) A. When a payment made by an employer or absent parent is
not honored upon presentation to the bank on which it was drawn, the department
shall first demand payment from the employer or absent parent. B. If the employer or absent parent does not comply with
the demand and the custodial parent is not an AFDC or AFDC/FC recipient, the
department shall recover the payment from the custodial parent according to the
methods described in 22VAC40-880-650. C. The department shall concurrently take enforcement
action against the absent parent or legal action against the employer. D. If a check received from a custodial parent is not
honored upon presentation to the bank upon which it was drawn, the department
shall demand payment from the custodial parent.
Erroneous or duplicate disbursements. (Repealed.)
A. When the department sends the custodial parent a payment
in error or a duplicate payment, the department shall first demand payment from
the custodial parent. B. If the custodial parent is not an AFDC or AFDC/FC
recipient and does not comply with the demand, the department shall recover the
amount of the payment according to the methods described in 22VAC40-880-650.
Methods of payment recovery from the
custodial parent. (Repealed.) A. If the custodial parent is not a TANF or AFDC/FC
recipient, the department shall: 1. Intercept and retain payments for past due support (arrears)
by retaining the lesser of the balance due or 100% of any intercepted funds and
any amounts seized from bank accounts; and 2. Retain 10% of the current support payment. B. If the custodial parent is a TANF or AFDC/FC recipient
and retains an erroneous payment, the division shall notify the Division of
Temporary Assistance Program. Article 3
Debt discharge. (Repealed.) The department may identify uncollectible support debts and
discharge them from its record. Part XI
General rules. (Repealed.) A. The department shall terminate child support enforcement
services when one of the criteria defined in the 45 CFR 303.11 is met. B. The department shall continue to provide collection and
disbursement services until alternate arrangement for these services has been
made. Part XII
Recovery of fees. (Repealed.) A. The department shall assess and recover from the
noncustodial parent: 1. Attorney's fees; 2. Genetic testing fees for paternity establishment; and 3. Intercept programs' costs. B. The department shall use any mechanism provided in Title
63.1 of the Code of Virginia to enforce these fees and costs.
Attorney's fees for enforcement. (Repealed.) A. Attorney fees shall not exceed the amount allowed
court-appointed counsel in the district courts pursuant to subdivision 1 of §
19.2-163 of the Code of Virginia. B. The department shall not recover attorneys' fees or
costs in any case in which the absent parent prevails.
Genetic testing. (Repealed.) A. The department shall set the costs of the genetic
testing for paternity establishment at the rate charged the department by the
provider of genetic testing services. B. Where an original genetic test for paternity
establishment is contested and either party requests additional testing, the
department may require advance payment by the contestant.
Intercept programs. (Repealed.) The department shall charge the absent parent the rate
actually charged the department.
Service of process, seizure and sale. (Repealed.)
The department shall have the authority to charge the
noncustodial parent the actual costs for service of process, and seizure and sale
pursuant to a levy on a judgment in enforcement actions, per § 63.1-274.10 of
the Code of Virginia.