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Developed and maintained by the Division of Legislative Automated Systems.
1996 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, which shall include the requirements specified for employers pursuant to subdivision A 5 of § 20-79.3. 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. When a payee, as defined in § 63.1-250, no longer has physical custody of a child, the Department of Social Services shall have the authority to redirect child support payments to a caretaker, relative or individual who has physical custody of the child when an assignment of rights has been made to the Department or an application for services has been made by such caretaker, relative, or individual with the Division of Child Support Enforcement.
B. C. 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.
C. D. 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 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.
D. E. 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.
E. F. 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 Commissioner, Director and
district managers may also subpoena copies of state and federal income tax
returns. The district managers shall be trained in the correct use of the
subpoena process prior to exercising subpoena authority.
F. G. 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.