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Virginia State Profile |
Updated on 14 Aug 2007 Certified on 30 Aug 2007
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A. General/State-At-A-Glance |
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| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
21 Local IV-D offices |
| A3. With what types of agencies do you have cooperative agreements? |
Office of the Attorney General and County or City Commonwealth Attorneys; Virginia Employment Commission; Department of Motor Vehicles; Department of Taxation; Department of Medical Assistance Services; Department of Corrections; Department of Health; Electronic Parent Locator Network; Department of Accounts; Virginia Courts and Department of Treasury |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
No |
| A4.1. If so, what is the statutory citation? |
Not Applicable |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
Yes |
| A4.3. If so, 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 enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
7/1/1994 |
| B2. What is the effective date of your State's Act? |
7/1/1994 |
| B3. What is the statutory citation for your State's Act? |
C. 20-88.32 to 20-88.82 of the Code of Virginia For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
2001 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
July 1, 2005 |
| B5. Optional comments regarding your State's UIFSA Act. |
|
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Australia; Austria; Canadian Provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario, Prince Edward Islands, Quebec, Saskatchewan, Yukon Territory); Czech Republic, England and Wales; France; Hungary; Northern Ireland; Poland; Scotland; Sweden; Germany and Zimbabwe |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
|
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
Age of majority is 18. |
| D2. What is the statutory cite for the age of majority? |
16.1-228 of the Code of Virginia For Additional Information - Click Here |
| 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 impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, 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 other wise 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. |
E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
No statute of limitations |
| E2. What is your State's statute of limitations for paternity establishment? |
Age of majority of child (18) |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
|
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income shares based on the combined gross income of both parents |
| F2. Does your State charge interest on missed 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. |
| 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% |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
We will only enforce a medical debt when a court has set a specific dollar amount. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
none |
| F6.2. What costs are recovered from/fees charged to the obligor? |
Costs are recovered from the obligor for genetic testing for paternity, IRS tax intercept fee, and legal fees for enforcement |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
|
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
20-88.35 of the Code of Virginia For Additional Information - Click Here |
| 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, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
|
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding |
| G2. 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 - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
|
| G4. What is the allowable fee per pay period for processing income withholding payments? |
The employer may charge the NCP $5 for each reply or remittance sent to the Division |
| G5. 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 |
| G6. 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 |
| G7. 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 |
| G8. 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 |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. 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 |
| G11. 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 |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate 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 amoung the orders for any arrearages to the extent that the amounts withheld, when combined, do not exceed the maximum limits imposed by the CCPA. |
| G12.1. 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 |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No |
| G14. 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. |
| G15. How long should an employer retain the IWO after termination of 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. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. 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 $4Kids at www.govone.co/vacs. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what 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. |
| G19. 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. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
98% or greater is conclusive |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
7/01/1988 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
No |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Acknowledgements did not exist prior to 7/1/88. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
The legal father may petition for ajudication of paternity if he can present reasonable doubt that he is the biological father. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
If the parents were not married at the time of the child's birth, the man listed on the birth certificate must also have signed an Acknowledgement of Paternity. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
|
| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
|
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
|
| H10.2. When did your current common law standard go into effect? |
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| H10.3. 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? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Paternity Affidavit, teleconferencing, written documents |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
20-88.35 of the Code of Virginia For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
If state request genetic testing recovery. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
To get a father's name on 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. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, 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 in the same set of UIFSA documents with a separate paternity affidavit for each child. |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial 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 the judicial process 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. |
63.1-249 to 63.1-274.11 of the Code of Virginia For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Combined monthly gross income of both parents' income is considered when calculating the child support obligation |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
20-108.1 of the Code of Virginia contains 18 provisions that can be used for rebuttal |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., 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 |
| 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, please specify. |
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? 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. |
| I6. What is your State's statutory authority for the administrative process? |
63.2-1903 of the Code of Virginia For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
Yes |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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. |
J. Support Enforcement |
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| 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 or exceed $500 or evidence that NCP owns real or personal property. |
| J2.2. Where is your State liens filed? |
Circuit Court where assets are located. |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
|
| 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 a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When case established. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
Yes |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or 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? |
On a case with a current support obligation, the NCP has child support arrears in an amount greater than or equal to 90 days obligation; the arrears total at least $500; and the NCP has not paid the full amount of current support for the last three consecutive months. On an arrears only case, the NCP owes at least $500 on arrears. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
See above answer |
| J5.3. Is there a specified amount of time for the obligor to be delinquent 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? |
No |
| J5.4.1. If yes, please provide the percentage. |
|
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
State |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/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. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state 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/contest 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. |
| 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 are 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. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
The Financial Institution is instructed to send the assets immediately. |
| J5.19.1 . If yes, please define. |
|
| 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. Please describe any other administrative enforcement procedures your state may have. |
Income withholding, lottery intercept, orders to withhold and deliver, and passport denial |
| J8. Please 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? |
For Additional Information - Click Here |
| J10. Which of our state's enforcement remedies are available without registration? |
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 registration and enforcement procedures. |
Orders can be registered under UIFSA for either enforcement or modification and enforcement |
| J12. After registration, describe additional judicial procedures required, 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, please 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 - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. Virginia law does not require financial institutions to accept these actions directly from other states; however, most do. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
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. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus 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 |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Initiating |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Debt of more than three months support or $500 on an arrears only case. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., 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. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
At the time of a written request or automatically every three (3) years in TANF cases. |
| K3. Briefly describe your State's modification procedure. |
Either party in a IV-D case (including the TANF custodial parent) or a 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, IV-E, and Medicaid only 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 |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
At the request of either party; at the request of another IV-D agency and there is a difference 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 |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
|
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
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| K7. 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. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
Not applicable |
| K8.2. What is the statutory cite for your abatement law? |
Not applicable For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
N/A |
| K8.4. Please provide information 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 P. O. Box 1000, Richmond, Virginia 23218 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. |
| K9. What information is required 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. |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
Yes |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
Lump sum payments are attached in a variety of ways. Some are through the the filing of liens and Orders to Wirhhold and Deliver |
| L9. What other documents does your state use to attach lump sum payments? |
None |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
100% of the debt |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
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