2006 Code of Virginia § 63.2-1921 - Authority to initiate reviews of certain orders

63.2-1921. Authority to initiate reviews of certain orders.

A. The Department may, pursuant to this chapter and in accordance with 20-108.2, initiate a review of the amount of support ordered by any court. Ifa material change in circumstances has occurred, the Department shall reportits findings and a proposed modified order to the court which entered theorder or the court having current jurisdiction. Notice of the review shall beserved for each review on both parties (i) in accordance with the provisionsof 8.01-296, 8.01-327 or 8.01-329, or (ii) by certified mail, with proofof actual receipt by the addressee, or (iii) by the nonrequesting partyexecuting a waiver. Either party may request a hearing on the proposedmodified order by filing a request with such court within thirty days ofreceipt of notice by the requesting party. Unless a hearing is requestedwithin the time limits, no hearing shall be required and the court shallenter the modified order, which shall be effective from the date that noticeof such review was served on the nonrequesting party. The court shall modifyany prior court order, or schedule a hearing on its motion and so notify theparties and the Department. If a hearing is held, the Department shall havethe burden of proof.

B. However, if the order being reviewed by the Department deviated from theguidelines, when entered, based on one or more of the deviating factors setout in 20-108.1 and the Department determines that there has been amaterial change in circumstances, the procedure set forth in subsection Ashall not apply and the Department shall schedule a hearing with the courtwhich entered the order or the court having current jurisdiction.

C. A material change in circumstances shall be deemed to have occurred if thedifference between the existing child support award and the amount whichwould result from application of the guidelines is at least ten percent ofthe existing child support award but not less than twenty-five dollars permonth.

(1994, c. 795, 63.1-252.2; 1996, c. 889; 1998, c. 885; 2002, c. 747.)