Virginia Code 20-88.87: Direct request.
A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of the Commonwealth applies.
Terms Used In Virginia Code 20-88.87
- Application: means a request under the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Virginia Code 20-88.83
- Convention support order: means a support order of a tribunal of a foreign country described in § Virginia Code 20-88.83
- Direct request: means a petition or similar pleading filed by an individual in a tribunal of the Commonwealth in a proceeding involving an obligee, obligor, or child residing outside the United States. See Virginia Code 20-88.83
- Foreign support agreement: includes a maintenance arrangement or authentic instrument under the Convention. See Virginia Code 20-88.83
B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 20-88.88 through 20-88.95 apply.
C. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
1. A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
2. An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of the Commonwealth under the same circumstances.
D. A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.
E. This chapter does not prevent the application of laws of the Commonwealth that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
2015, c. 727.