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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.1-250.1 of the Code of Virginia is amended and reenacted as follows:
§ 63.1-250.1. Authority to issue certain orders.
A. In the absence of a court order, the Department of Social Services shall have the authority to issue orders directing the payment of child, and child and spousal support and, if available at reasonable cost as defined in § 63.1-250, to require a provision for health care coverage for dependent children of the obligor. In ordering the payment of child support, the Department shall set such support at the amount resulting from computation pursuant to the guideline set out in § 20-108.2, subject to the provisions of § 63.1-264.2.
B. The Department of Social Services shall have the authority, upon notice from the Department of Medical Assistance Services, to use any existing enforcement mechanisms provided by this chapter to collect the wages, salary, or other employment income or to withhold amounts from state tax refunds of any obligor who has not used payments received from a third party to reimburse, as appropriate, either the other parent of such child or the provider of such services, to the extent necessary to reimburse the Department of Medical Assistance Services.
B. C. The Department may order the obligor and payee to notify
each other or the Department upon request of current gross income as defined
in § 20-108.2 of the Code and any other pertinent information which may
affect child support amounts. For good cause shown, the Department may order
that such information be provided to the Department and made available to the
parties for inspection in lieu of the parties' providing such information
directly to each other.
C. D. The Department shall develop procedures governing the
method and timing of periodic review and adjustment of child support orders
established or enforced or both pursuant to Title IV-D of the Social Security
Act. The Department shall, at the request of either parent subject to the
order or of a state child support enforcement agency, initiate a review of
such order, and initiate appropriate action to adjust such order in
accordance with the provisions of § 20-108.2 and subject to the provisions of
§ 63.1-264.2.
D. E. The Commissioner, the Director of the Division of Child
Support Enforcement and district managers of Division of Child Support
Enforcement offices shall have the right to subpoena financial records of the
responsible person and obligee from any person, firm, corporation,
association, or political subdivision or department of the Commonwealth and
to summons the responsible parent and obligee to appear in the Division's
offices to provide essential information for whatever establishment or
enforcement actions are necessary for the collection of child support. The
district managers shall be trained in the correct use of the subpoena process
prior to exercising subpoena authority.
E. F. In the absence of a court order, the Department may
establish an administrative support order on an out-of-state obligor if the
obligor and the obligee maintained a matrimonial domicile within the
Commonwealth. The Department may also take action to enforce an
administrative or court order on an out-of-state obligor. Service of such
actions shall be in accordance with the provisions of §§ 8.01-296, 8.01-327,
or § 8.01-329, or by certified mail, return receipt requested.