2006 Code of Virginia § 63.2-1908 - Payment of public assistance for child or custodial parent constitutes debt to Department by noncus...

63.2-1908. Payment of public assistance for child or custodial parentconstitutes debt to Department by noncustodial parents; limitations;Department subrogated to rights.

Any payment of public assistance money made to or for the benefit of anydependent child or children or their custodial parent creates a debt due andowing to the Department by the person or persons who are responsible forsupport of such children or custodial parent in an amount equal to the amountof public assistance money so paid. However, if a custodial parent receivesTANF payments for some of the custodial parent's dependent children but notfor other children pursuant to 63.2-604, the custodial parent shall receivethe total amount of support collected for the children for whom no TANFbenefits are received. Such support payments shall not create a debt due andowing to the Department and the value of such payments shall not be countedas income for purposes of TANF eligibility and grant determination. Wherethere has been a court order for support, final decree of divorce orderingsupport, or administrative order under the provisions of this chapter forsupport, the debt shall be limited to the amount of such order or decree. TheCommissioner, pursuant to 63.2-1922, shall establish the debt in an amountdetermined to be consistent with a noncustodial parent's ability to pay. TheDepartment shall have the right to petition the appropriate court formodification of a court order on the same grounds as either party to suchcause.

The Department shall be subrogated to the right of such child or children orcustodial parent to prosecute or maintain any support action or execute anyadministrative remedy existing under the laws of the Commonwealth to obtainreimbursement of moneys thus expended and may collect on behalf of any suchchild, children or custodial parent any amount contained in any court orderof support or any administrative order of support regardless of whether ornot the amount of such orders exceeds the amount of public assistance paid.Any support paid in excess of the total amount of public assistance paidshall be returned to the custodial parent by the Department. If a court orderfor support or final decree of divorce ordering support enters judgment foran amount of support to be paid by such noncustodial parent, the Departmentshall be subrogated to the debt created by such order, and said moneyjudgment shall be deemed to be in favor of the Department. In any judicialproceeding brought by an attorney on behalf of the Department pursuant tothis section to enforce a support obligation in which the Departmentprevails, attorney's fees shall be assessed pursuant to 63.2-1960.

The Department shall have the authority to pursue establishment andenforcement actions against the person responsible for support after theclosure of the public assistance case unless the custodial parent notifiesthe Department in writing that child support enforcement services are nolonger desired.

Debt created by an administrative support order under this section shall notbe incurred by nor at any time be collected from a noncustodial parent who isthe recipient of public assistance moneys for the benefit of minor dependentchildren for the period such person or persons are in such status. Recipientsof federal supplemental security income shall not be subject to theestablishment of an administrative support order while they receive benefitsfrom 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.)