Virginia Code 63.2-1908: Payment of public assistance for child or custodial parent constitutes debt to Department by noncustodial parents; limitations; Department subrogated to rights.
Any payment of public assistance money made to or for the benefit of any dependent child or children or their custodial parent creates a debt due and owing to the Department by the person or persons who are responsible for support of such children or custodial parent in an amount equal to the amount of public assistance money so paid. Where there has been a court order for support, final decree of divorce ordering support, or administrative order under the provisions of this chapter for support, the debt shall be limited to the amount of such order or decree. The Commissioner, pursuant to § 63.2-1922, shall establish the debt in an amount determined to be consistent with a noncustodial parent‘s ability to pay. The Department shall have the right to petition the appropriate court for modification of a court order on the same grounds as either party to such cause.
Terms Used In Virginia Code 63.2-1908
- administrative support order: means a noncourt-ordered legally enforceable support obligation having the force and effect of a support order established by the court. See Virginia Code 63.2-1900
- Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
- Court order: means any judgment or order of any court having jurisdiction to order payment of support or an order of a court of comparable jurisdiction of another state ordering payment of a set or determinable amount of support moneys. See Virginia Code 63.2-1900
- Custodial parent: means 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; or a local board that has legal custody of a child in foster care. See Virginia Code 63.2-1900
- Debt: means the total unpaid support obligation established by court order, administrative process or by the payment of public assistance and owed by a noncustodial parent to either the Commonwealth or to his dependent(s). See Virginia Code 63.2-1900
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
- Dependent: A person dependent for support upon another.
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Income: means any periodic or other form of payment due an individual from any source and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, payments pursuant to a pension or retirement program, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, net rental income, gifts, prizes or awards. See Virginia Code 63.2-1900
- Noncustodial parent: means a responsible person who is or may be obligated under Virginia law for support of a dependent child or child's caretaker. See Virginia Code 63.2-1900
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public assistance: means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind, and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief. See Virginia Code 63.2-100
The Department shall be subrogated to the right of such child or children or custodial parent to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the Commonwealth to obtain reimbursement of moneys thus expended and may collect on behalf of any such child, children or custodial parent any amount contained in any court order of support or any administrative order of support regardless of whether or not the amount of such orders exceeds the amount of public assistance paid. Any support paid in excess of the total amount of public assistance paid shall be returned to the custodial parent by the Department. If a court order for support or final decree of divorce ordering support enters judgment for an amount of support to be paid by such noncustodial parent, the Department shall be subrogated to the debt created by such order, and said money judgment shall be deemed to be in favor of the Department. In any judicial proceeding brought by an attorney on behalf of the Department pursuant to this section to enforce a support obligation in which the Department prevails, attorney’s fees shall be assessed pursuant to § 63.2-1960.
The Department shall have the authority to pursue establishment and enforcement actions against the person responsible for support after the closure of the public assistance case unless the custodial parent notifies the Department in writing that child support enforcement services are no longer desired.
Debt created by an administrative support order under this section shall not be incurred by nor at any time be collected from a noncustodial parent who is the recipient of public assistance moneys for the benefit of minor dependent children for the period such person or persons are in such status. Recipients of federal supplemental security income shall not be subject to the establishment of an administrative support order while they receive benefits from that source.
1974, c. 413, § 63.1-251; 1975, c. 596; 1976, c. 357; 1977, cc. 538, 662; 1985, c. 488; 1988, c. 907; 1992, c. 716; 1993, cc. 534, 602; 1995, c. 450; 2002, c. 747; 2020, c. 550.