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1997 SESSION

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HB 2676 Child support enforcement; information sharing.

Introduced by: David G. Brickley | all patrons    ...    notes | add to my profiles

SUMMARY:

Child support enforcement; information sharing. Grants the Department of Social Services (DSS) access to criminal justice information systems for purposes of locating persons who owe or may owe child support. The information included in the court order for support and the notice of intent to obtain an administrative support order is expanded to require both a street and a mailing address, the home and business telephone numbers, and the name and address of the employer.

Delivery of notice to a party's employer or residence address is proper service on that party and sufficient for due process purposes upon a showing that a diligent effort was made to locate the party.

Any person so served may, however, later challenge the service on the grounds that the notice was not received.

The bill allows DSS access to records of all governmental entities, within and without Virginia, and to the customer records of cable television companies and financial institutions for purposes of locating absent parents.

The Department is authorized to create an automated data exchange whereby financial institutions will provide to the Department quarterly reports of information on specifically identified individuals. Financial institutions which provide information or encumber or surrender assets in response to a notice of lien or order to withhold and deliver are granted immunity from civil liability.

The Commissioner is authorized to subpoena from public and private entities information in addition to financial records as is currently authorized and to assess a penalty of up to $1,000 for a failure to comply with an order or request of the Department to provide information.

The current limitations on the Department's authority to provide delinquency information to consumer credit agencies are removed allowing such information to be provided without regard to the amount of the arrearage (currently $1,000) and without the necessity of a request from the agency.

Workers' compensation benefits are made subject to claims for spousal and child support whether paid as compensation or as a settlement of a claim.


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