2006 Code of Virginia § 63.2-1903 - Authority to issue certain orders; civil penalty

63.2-1903. Authority to issue certain orders; civil penalty.

A. In the absence of a court order, the Department shall have the authorityto issue orders directing the payment of child, and child and spousal supportand, if available at reasonable cost as defined in 63.2-1900, to require aprovision for health care coverage for dependent children of the obligor,which shall include the requirements specified for employers pursuant tosubdivision A 5 of 20-79.3. If health care coverage is unavailable at areasonable cost through employment, the Department shall refer the dependentchildren to the Family Access to Medical Insurance Security plan pursuant to 32.1-351. Liability for child support shall be determined retroactively forthe period measured from the date the order directing payment is delivered tothe sheriff or process server for service upon the obligor.

In ordering the payment of child support, the Department shall set suchsupport at the amount resulting from computation pursuant to the guidelineset out in 20-108.2, subject to the provisions of 63.2-1918.

B. When a payee, as defined in 63.2-1900, no longer has physical custody ofa child, the Department shall have the authority to redirect child supportpayments to a custodial parent who has physical custody of the child when anassignment of rights has been made to the Department or an application forservices has been made by such custodial parent with the Division of ChildSupport Enforcement.

C. The Department shall have the authority, upon notice from the Departmentof Medical Assistance Services, to use any existing enforcement mechanismsprovided by this chapter to collect the wages, salary, or other employmentincome or to withhold amounts from state tax refunds of any obligor who hasnot used payments received from a third party to reimburse, as appropriate,either the other parent of such child or the provider of such services, tothe extent necessary to reimburse the Department of Medical AssistanceServices.

D. The Department may order the obligor and payee to notify each other or theDepartment upon request of current gross income as defined in 20-108.2 andany other pertinent information which may affect child support amounts. Forgood cause shown, the Department may order that such information be providedto the Department and made available to the parties for inspection in lieu ofthe parties' providing such information directly to each other. TheDepartment shall record the social security number of each party or controlnumber issued to a party by the Department of Motor Vehicles pursuant to 46.2-342 in the Department's file of the case.

E. The Department shall develop procedures governing the method and timing ofperiodic review and adjustment of child support orders established orenforced or both pursuant to Title IV-D of the Social Security Act, asamended. At the request of either parent subject to the order or of a statechild support enforcement agency, the Department shall initiate a review ofsuch order every three years without requiring proof or showing of a changein circumstances, and shall initiate appropriate action to adjust such orderin accordance with the provisions of 20-108.2 and subject to the provisionsof 63.2-1918.

F. In order to provide essential information for whatever establishment orenforcement actions are necessary for the collection of child support, theCommissioner, the Director of the Division of Child Support Enforcement anddistrict managers of Division of Child Support Enforcement offices shall havethe right to (i) subpoena financial records of, or other information relatingto, the noncustodial parent and obligee from any person, firm, corporation,association, or political subdivision or department of the Commonwealth and(ii) summons the noncustodial parent and obligee to appear in the Division'soffices. The Commissioner, Director and district managers may also subpoenacopies of state and federal income tax returns. The district managers shallbe trained in the correct use of the subpoena process prior to exercisingsubpoena authority. A civil penalty not to exceed $1,000 may be assessed bythe Commissioner for a failure to respond to a subpoena issued pursuant tothis subsection.

G. In the absence of a court order, the Department may establish anadministrative support order on an out-of-state obligor if the obligor andthe obligee maintained a matrimonial domicile within the Commonwealth. TheDepartment may also take action to enforce an administrative or court orderon an out-of-state obligor. Service of such actions shall be in accordancewith the provisions of 8.01-296, 8.01-327 or 8.01-329, or by certifiedmail, return receipt requested, in accordance with 63.2-1917.

H. If a support order has been issued in another state but the obligor, theobligee, and the child now live in the Commonwealth, the Department may (i)enforce the order without registration, using all enforcement remediesavailable under this chapter and (ii) register the order in the appropriatetribunal of the Commonwealth for enforcement or modification.

(1985, c. 488, 63.1-250.1; 1986, c. 594; 1988, cc. 906, 907; 1989, c. 599;1990, c. 836; 1991, cc. 651, 694; 1992, c. 716; 1994, cc. 729, 767; 1995, c.595; 1996, cc. 491, 882, 925, 948; 1997, cc. 440, 467, 794, 796, 895, 898;2002, cc. 747, 844.)