2006 Code of Virginia § 63.2-1916 - Notice of administrative support order; contents; hearing; modification

63.2-1916. Notice of administrative support order; contents; hearing;modification.

The Commissioner may proceed against a noncustodial parent whose support debthas accrued or is accruing based upon subrogation to, assignment of, orauthorization to enforce a support obligation. Such obligation may be createdby a court order for support of a child or child and spouse or decree ofdivorce ordering support of a child or child and spouse. In the absence ofsuch a court order or decree of divorce, the Commissioner may, pursuant tothis chapter, proceed against a person whose support debt has accrued or isaccruing based upon payment of public assistance or who has a responsibilityfor the support of any dependent child or children and their custodialparent. The administrative support order shall also provide that supportshall continue to be paid for any child over the age of 18 who is (i) afull-time high school student, (ii) not self-supporting, and (iii) living inthe home of the parent seeking or receiving child support, until such childreaches the age of 19 or graduates from high school, whichever comes first.The Commissioner shall initiate proceedings by issuing notice containing theadministrative support order which shall become effective unless timelycontested. The notice shall be served upon the debtor (a) in accordance withthe provisions of 8.01-296, 8.01-327 or 8.01-329 or (b) by certifiedmail, return receipt requested, or the debtor may accept service by signing aformal waiver. A copy of the notice shall be sent to the obligee byfirst-class mail. The notice shall include the following:

1. A statement of the support debt or obligation accrued or accruing and thebasis and authority under which the assessment of the debt or obligation wasmade. The initial administrative support order shall be effective on the dateof service and the first monthly payment shall be due on the first of themonth following the date of service and the first of each month thereafter. Amodified administrative support order shall be effective the date that noticeof the review is served on the nonrequesting party, and the first monthlypayment shall be due on the first day of the month following the date of suchservice and on the first day of each month thereafter. In addition, an amountshall be assessed for the partial month between the effective date of theorder and the date that the first monthly payment is due. The assessment forthe initial partial month shall be prorated from the effective date throughthe end of that month, based on the current monthly obligation;

2. A statement of the name of the child or children and custodial parent forwhom support is being sought;

3. A statement that support shall continue to be paid for any child over theage of 18 who is (i) a full-time high school student, (ii) notself-supporting, and (iii) living in the home of the parent seeking orreceiving child support, until such child reaches the age of 19 or graduatesfrom high school, whichever comes first;

4. A demand for immediate payment of the support debt or obligation or, inthe alternative, a demand that the debtor file an answer with theCommissioner within 10 days of the date of service of the notice stating hisdefenses to liability;

5. A statement of each party's name, residential and, if different, mailingaddress, telephone number, driver's license number, and the name, address andtelephone number of his employer; however, when a protective order has beenissued or the Department otherwise finds reason to believe that a party is atrisk of physical or emotional harm from the other party, information otherthan the name of the party at risk shall not be included in the notice;

6. A statement that if no answer is made on or before 10 days from the dateof service of the notice, the administrative support order shall be final andenforceable, and the support debt shall be assessed and determined subject tocomputation, and is subject to collection action;

7. A statement that the property of the debtor will be subject to lien andforeclosure, distraint, seizure and sale or an order to withhold and deliveror withholding of earnings;

8. A statement that the obligor shall keep the Department informed regardingaccess to health insurance coverage and health insurance policy informationand a statement that health care coverage shall be required for the debtor'sdependent children if available at reasonable cost as defined in 63.2-1900,or pursuant to subsection A of 63.2-1903;

9. A statement of each party's right to appeal and the procedures applicableto appeals from the decision of the Commissioner;

10. A statement that the obligor's income shall be immediately withheld tocomply with this order unless the obligee, or the Department, if the obligeeis receiving public assistance, and obligor agree to an alternativearrangement;

11. A statement that any determination of a support obligation under thissection creates a judgment by operation of law and as such is entitled tofull faith and credit in any other state or jurisdiction;

12. A statement that each party shall give the Department written notice ofany change in his address or phone number within 30 days;

13. A statement that each party shall keep the Department informed of thename, telephone number and address of his current employer; and

14. A statement that if any arrearages for child support, including interestor fees, exist at the time the youngest child included in the orderemancipates, payments shall continue in the total amount due (current supportplus amount applied toward arrearages) at the time of emancipation until allarrearages are paid.

If no answer is received by the Commissioner within 10 days of the date ofservice or acceptance, the administrative support order shall be effective asprovided in the notice. The Commissioner may initiate collection procedurespursuant to this chapter, Chapter 11 ( 16.1-226 et seq.) of Title 16.1 orTitle 20. The debtor and the obligee have 10 days from the date of receipt ofthe notice to file an answer with the Commissioner to exercise the right toan administrative hearing.

Any changes in the amount of the administrative order must be made pursuantto this section. In no event shall an administrative hearing alter or amendthe amount or terms of any court order for support or decree of divorceordering support. No support order may be retroactively modified, but may bemodified with respect to any period during which there is a pending petitionfor modification in any court, but only from the date that notice of thereview has been served on the nonrequesting party. Notice of the review shallbe served for each review (1) in accordance with the provisions of 8.01-296, 8.01-327 or 8.01-329, or (2) by certified mail, with proof ofactual receipt by the addressee, or (3) by the nonrequesting party executinga waiver. The existence of an administrative order shall not preclude eitheran obligor or obligee from commencing appropriate proceedings in a juvenileand domestic relations district court or a circuit court.

(1985, c. 488, 63.1-252.1; 1986, c. 594; 1987, cc. 640, 649; 1988, c. 906;1991, cc. 651, 694; 1993, c. 534; 1994, c. 764; 1995, cc. 593, 600; 1996, cc.879, 884, 889; 1997, cc. 796, 895; 1998, cc. 107, 885; 2002, cc. 747, 844;2004, c. 204; 2006, cc. 720, 869.)