2006 Code of Virginia § 63.2-1960 - Recovery of certain fees and costs

63.2-1960. Recovery of certain fees and costs.

The Department shall have the authority to assess and recover from thenoncustodial parent in proceedings to enforce child support obligationsagainst the noncustodial parent, reasonable attorneys' fees. All such feesrecovered in proceedings to collect child support arrearages shall beretained by the Department in a special fund for the support of the Divisionof Support Enforcement. The Department shall also have the authority toassess and recover costs in such cases. However, the Department shall not beentitled to recover attorneys' fees or costs in any case in which thenoncustodial parent prevails.

The Department shall have the authority to assess and recover the actualcosts of genetic testing against the noncustodial parent if paternity isestablished. Where an original test is contested and additional testing isrequested, the Department may require advance payment by the contestant. Thegenetic testing costs shall be set at the rate charged the Department by theprovider of genetic testing services.

The Department shall have the authority to assess and recover the actualcosts of intercept programs from the noncustodial parent. The interceptprograms' costs shall be set at the rate actually charged the Department.

The Department shall have the authority to assess and recover the actualcosts of fees for service of process, and seizure and sale pursuant to a levyon a judgment in enforcement actions from the noncustodial parent.

The fees and costs that may be recovered pursuant to this section may becollected using any mechanism provided by this chapter.

(1991, c. 390, 63.1-274.10; 1996, cc. 746, 1054; 1997, cc. 792, 896; 2002,c. 747; 2005, c. 880.)