63.2-1904 - Administrative support remedies available for individuals not receiving public assistance; fees.

§ 63.2-1904. Administrative support remedies available for individuals notreceiving public assistance; fees.

The Department shall make available to those individuals not receiving publicassistance, upon receipt of an authorization to seek or enforce a supportobligation the same support services provided to recipients of publicassistance. These services may include, but are not limited to:

1. Locating noncustodial parents to obtain child support;

2. Establishing paternity;

3. Establishing or modifying child support obligations, that shall include aprovision for health care coverage for dependent children of the parents; and

4. Enforcing and collecting child support obligations; however, the onlysupport in arrears that may be enforced by administrative action is (i)arrearages accrued or accruing under a court order or decree or (ii)arrearages on an administrative order accruing from the entry of suchadministrative order.

No individual shall be required to obtain support services from theDepartment prior to commencing a judicial proceeding to establish, modify,enforce or collect a child support obligation.

The Board shall charge the following fees:

a. One dollar, upon application for services pursuant to this section. At theoption of the Department, the fee may be paid by the Department on behalf ofthe applicants;

b. Twenty-five dollars, for the cost of reopening a case within six months ofrequesting case closure; and

c. Twenty-five dollars per federal fiscal year in each case of an obligee whohas never received assistance pursuant to the Temporary Assistance for NeedyFamilies Program and for whom the Department has collected at least $500 ofchild support annually.

The Department is further designated as the public entity responsible forimplementing immediate income withholding pursuant to § 466 of the SocialSecurity Act, as amended.

(1985, c. 488, § 63.1-250.2; 1986, c. 594; 1988, c. 906; 1992, c. 527; 1995,c. 714; 2002, c. 747; 2007, cc. 11, 600.)