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, including Department-sponsored healthcare coverage, or cash medical support, or both, for dependent children ofthe parents, which shall include the requirements specified for employerspursuant to subdivision A 5 of § 20-79.3. The Department shall have theauthority to make available Department-sponsored health care coverage forchildren receiving child support services from the Department. If health carecoverage is unavailable at a reasonable cost, as defined in § 63.2-1900, orinaccessible to either parent, the Department shall refer the dependentchildren to the Family Access to Medical Insurance Security plan pursuant to§ 32.1-351. However, prior to referring the dependent children to the FamilyAccess to Medical Insurance Security plan, the Department shall confirm thatneither parent has access to health care coverage at a reasonable cost forthe dependent children. If a child is enrolled in Department-sponsored healthcare coverage, the Department shall collect the cost of the coverage pursuantto subsection E of § 20-108.2. Liability for child support shall bedetermined retroactively for the period measured from the date the orderdirecting payment is delivered to the sheriff or process server for serviceupon 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. If there is an assignment under Title IV-A of the Social SecurityAct or at the request of either parent subject to the order, the Departmentshall initiate a review of such order every three years without requiringproof or showing of a change in circumstances, and shall initiate appropriateaction to adjust such order in accordance with the provisions of § 20-108.2and subject to the provisions of § 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 pursuant tosubdivision A 8 or A 9 of § 8.01-328.1 or 20-88.35. The Department may alsotake action to enforce an administrative or court order on an out-of-stateobligor. Service of such actions shall be in accordance with the provisionsof §§ 8.01-296, 8.01-327 or § 8.01-329, or by certified mail, return receiptrequested, 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; 2007, c. 600; 2009, cc. 125, 713.)