Virginia Code 63.2-1904: Administrative support remedies available for individuals not receiving public assistance; fees.
The Department shall make available to those individuals not receiving public assistance, upon receipt of an authorization to seek or enforce a support obligation the same support services provided to recipients of public assistance. These services may include, but are not limited to:
Terms Used In Virginia Code 63.2-1904
- 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
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
- Dependent: A person dependent for support upon another.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Health care 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, parents, or a parent's spouse at a reasonable cost. See Virginia Code 63.2-1900
- 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
- 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.
- Obligee: means (i) 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, (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee, or (iii) an individual seeking a judgment determining parentage of the individual's child. See Virginia Code 63.2-1900
- 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
1. Locating noncustodial parents to obtain child support;
2. Establishing paternity;
3. Establishing or modifying child support obligations, that shall include a provision for health care coverage for dependent children of the parents; and
4. Enforcing and collecting child support obligations; however, the only support in arrears that may be enforced by administrative action is (i) arrearages accrued or accruing under a court order or decree or (ii) arrearages on an administrative order accruing from the entry of such administrative order.
No individual shall be required to obtain support services from the Department prior to commencing a judicial proceeding to establish, modify, enforce or collect a child support obligation.
The Board shall charge the following fees:
a. One dollar, upon application for services pursuant to this section. At the option of the Department, the fee may be paid by the Department on behalf of the applicants;
b. Twenty-five dollars, for the cost of reopening a case within six months of requesting case closure; and
c. Thirty-five dollars per federal fiscal year in each case of an obligee who has never received assistance pursuant to the Temporary Assistance for Needy Families program and for whom the Department has collected at least $550 of child support annually. The Department shall collect and retain such fee from the amount of child support collected annually in excess of $550.
The Department is further designated as the public entity responsible for implementing immediate income withholding pursuant to § 466 of the Social Security Act, as amended.
1985, c. 488, § 63.1-250.2; 1986, c. 594; 1988, c. 906; 1992, c. 527; 1995, c. 714; 2002, c. 747; 2007, cc. 11, 600; 2019, c. 165.