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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.1-252.1 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 63.1-252.1. Notice of administrative support order; contents; hearing; modification.
The Commissioner may proceed against a responsible person whose support debt
has accrued or is accruing based upon subrogation to, assignment of, or
authorization to enforce a support obligation. Such obligation may be created
by a court order for support of a child or child and spouse or decree of
divorce ordering support of a child or child and spouse. In the absence of such
a court order or decree of divorce, the Commissioner may, pursuant to this
chapter, proceed against a person whose support debt has accrued or is accruing
based upon payment of public assistance or who has a responsibility for the
support of any dependent child or children and their caretaker. The
administrative support order shall also provide that support shall continue to
be paid for any child over the age of eighteen who is (i) a full-time high
school student, (ii) not self-supporting, and (iii) living in the home of the
parent seeking or receiving child support, until such child reaches the age of
nineteen or graduates from high school, whichever comes first. The Commissioner
shall initiate proceedings by issuing notice containing the administrative
support order which shall become effective unless timely contested. The notice
shall be served upon the debtor (i) in accordance with the provisions of
§§ 8.01-296, 8.01-327 or § 8.01-329 or (ii) by certified mail,
return receipt requested, or service may be waived the debtor
may accept service by signing a formal waiver. A copy of the notice shall
be sent to the obligee by first-class mail upon service of the
notice. The notice shall include the following:
1. A statement of the support debt or obligation accrued or accruing and the basis and authority under which the assessment of the debt or obligation was made;
2. A statement of the name of the child or children and caretaker for whom support is being sought;
3. A statement that support shall continue to be paid for any child over the age of eighteen who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until such child reaches the age of nineteen or graduates from high school, whichever comes first;
4. A demand for immediate payment of the support debt or obligation or, in the alternative, a demand that the debtor file an answer with the Commissioner within ten days of the date of service of the notice stating his defenses to liability;
5. A statement of each party's name, residential and, if different, mailing address, telephone number, driver's license number, and the name, address and telephone number of his employer; however, when a protective order has been issued or the Department otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the notice;
6. A statement that if no answer is made on or before ten days from the date of service of the notice, the administrative support order shall be final and enforceable, and the support debt shall be assessed and determined subject to computation, and is subject to collection action;
7. A statement that the property of the debtor will be subject to lien and foreclosure, distraint, seizure and sale or an order to withhold and deliver or mandatory withholding of earnings;
8. A statement that the obligor shall keep the Department informed regarding access to health insurance coverage and health insurance policy information and a statement that health care coverage may be required for the debtor's dependent children if available at reasonable cost as defined in § 63.1-250;
9. A statement of each party's right to appeal and the procedures applicable to appeals from the decision of the Commissioner;
10. A statement that the obligor's income shall be immediately withheld to comply with this order unless the obligee, or the Department of Social Services, if the obligee is receiving public assistance, and obligor agree to an alternative arrangement;
11. A statement that any determination of a support obligation under this section creates a judgment by operation of law and as such is entitled to full faith and credit in any other state or jurisdiction;
12. A statement that each party shall give the Department written notice of any change in his address within thirty days of the change of address and any change of telephone number within thirty days after the change; and
13. A statement that each party shall keep the Department informed of the name, telephone number and address of his current employer.
If no answer is received by the Commissioner within ten days of the date of
service or acceptance, the administrative support order shall be as provided in
the notice. The Commissioner may initiate collection procedures pursuant to
this chapter, Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 or Title 20.
If The debtor, within and the obligee
have ten days of from the date of service
receipt of the notice, files to file an
answer, with the Commissioner alleging defenses to the
liability imposed pursuant to § 63.1-251, the debtor shall have
to exercise the right to an administrative hearing.
Any changes in the amount of the administrative order must be made pursuant to this section. In no event shall an administrative hearing alter or amend the amount or terms of any court order for support or decree of divorce ordering support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification, but only from the date that notice pursuant to § 8.01-296 of the review has been given to the nonrequesting party. The existence of an administrative order shall not preclude either an obligor or obligee from commencing appropriate proceedings in a juvenile and domestic relations district court or a circuit court.
§ 63.1-252.1. (Delayed effective date) Notice of administrative support order; contents; hearing; modification.
The Commissioner may proceed against a responsible person whose support debt
has accrued or is accruing based upon subrogation to, assignment of, or
authorization to enforce a support obligation. Such obligation may be created
by a court order for support of a child or child and spouse or decree of
divorce ordering support of a child or child and spouse. In the absence of such
a court order or decree of divorce, the Commissioner may, pursuant to this
chapter, proceed against a person whose support debt has accrued or is accruing
based upon payment of public assistance or who has a responsibility for the
support of any dependent child or children and their caretaker. The
administrative support order shall also provide that support shall continue to
be paid for any child over the age of eighteen who is (i) a full-time high
school student, (ii) not self-supporting, and (iii) living in the home of the
parent seeking or receiving child support, until such child reaches the age of
nineteen or graduates from high school, whichever comes first. The Commissioner
shall initiate proceedings by issuing notice containing the administrative
support order which shall become effective unless timely contested. The notice
shall be served upon the debtor (i) in accordance with the provisions of
§§ 8.01-296, 8.01-327 or § 8.01-329 or (ii) by certified mail,
return receipt requested, or service may be waived the debtor
may accept service by signing a formal waiver. A copy of the notice shall
be sent to the obligee by first-class mail upon service of the
notice. The notice shall include the following:
1. A statement of the support debt or obligation accrued or accruing and the basis and authority under which the assessment of the debt or obligation was made;
2. A statement of the name of the child or children and caretaker for whom support is being sought;
3. A statement that support shall continue to be paid for any child over the age of eighteen who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until such child reaches the age of nineteen or graduates from high school, whichever comes first;
4. A demand for immediate payment of the support debt or obligation or in the alternative, a demand that the debtor file an answer with the Commissioner within ten days of the date of service of the notice stating his defenses to liability;
5. A statement of each party's name, residential and, if different, mailing address, telephone number, driver's license number, and the name, address and telephone number of his employer; however, when a protective order has been issued or the Department otherwise finds reason to believe that a party is at risk of physical or emotional harm from the other party, information other than the name of the party at risk shall not be included in the notice;
6. A statement that if no answer is made on or before ten days from the date of service of the notice, the administrative support order shall be final and enforceable, and the support debt shall be assessed and determined subject to computation, and is subject to collection action;
7. A statement that the property of the debtor will be subject to lien and foreclosure, distraint, seizure and sale or an order to withhold and deliver or mandatory withholding of earnings;
8. A statement that the obligor shall keep the Department informed regarding access to health insurance coverage and health insurance policy information and a statement that health care coverage may be required for the debtor's dependent children if available at reasonable cost as defined in § 63.1-250;
9. A statement of each party's right to appeal and the procedures applicable to appeals from the decision of the Commissioner;
10. A statement that the obligor's income shall be immediately withheld to comply with this order unless the obligee, or the Department of Social Services, if the obligee is receiving public assistance, and obligor agree to an alternative arrangement;
11. A statement that any determination of a support obligation under this section creates a judgment by operation of law and as such is entitled to full faith and credit in any other state or jurisdiction;
12. A statement that each party shall give the Department written notice of any change in his address within thirty days of the change of address and any change of telephone number within thirty days after the change; and
13. A statement that each party shall keep the Department informed of the name, address and telephone number of his current employer.
If no answer is received by the Commissioner within ten days of the date of
service or acceptance, the administrative support order shall be as provided in
the notice. The Commissioner may initiate collection procedures pursuant to
this chapter, Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 or Title 20.
If The debtor, within and the obligee
have ten days of from the date of service
receipt of the notice, files to file an
answer, with the Commissioner alleging defenses to the
liability imposed pursuant to § 63.1-251, the debtor shall have
to exercise the right to an administrative hearing.
Any changes in the amount of the administrative order must be made pursuant to this section. In no event shall an administrative hearing alter or amend the amount or terms of any court order for support or decree of divorce ordering support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification, but only from the date that notice pursuant to § 8.01-296 of the review has been given to the nonrequesting party. The existence of an administrative order shall not preclude either an obligor or obligee from commencing appropriate proceedings in a family court.