CODE OF VIRGINIA

CONTENTS OF SUPPORT ORDERS (§ 20-60.3)

All orders directing the payment of spousal support where there are minor
children whom the parties have a mutual duty to support and all orders directing
the payment of child support, including those orders confirming separation
agreements, entered on or after October 1, 1985, whether they are original
orders or modifications of existing orders, shall contain the following:

   1.  Notice that support payments may be withheld as they become due pursuant
   to § 20-79.1 or § 20-79.2, from income as defined in § 63.2-1900, without
   further amendments of this order or having to file an application for services
   with the Department of Social Services; however, absence of such notice in an
   order entered prior to July 1, 1988, shall not bar withholding of support
   payments pursuant to § 20-79.1;

   2.  Notice that support payments may be withheld pursuant to Chapter 19 (§
   63.2-1900 et seq.) of Title 63.2 without further amendments to the order upon
   application for services with the Department of Social Services; however,
   absence of such notice in an order entered prior to July 1, 1988, shall not
   bar withholding of support payments pursuant to Chapter 19 (§ 63.2-1900 et
   seq.) of Title 63.2;

   3.  The name, date of birth, and last four digits of the social security
   number of each child to whom a duty of support is then owed by the parent;

   4.  If known, the name, date of birth, and last four digits of the social
   security number of each parent of the child and, unless otherwise ordered,
   each parent’s residential and, if different, mailing address,
   residential and employer telephone number, driver’s license number, and
   the name and address of his or her employer; however, when a protective order
   has been issued or the court 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 order;

   5.  Notice that, pursuant to § 20-124.2, support will continue to be paid for
   any child over the age of 18 who is (i) a full-time high school student, (ii)
   not self-supporting, and (iii) living in the home of the party seeking or
   receiving child support until such child reaches the age of 19 or graduates
   from high school, whichever occurs first, and that the court may also order
   that support be paid or continue to be paid for any child over the age of 18
   who is (a) severely and permanently mentally or physically disabled, and such
   disability existed prior to the child reaching the age of 18 or the age of 19
   if the child met the requirements of clauses (i), (ii), and (iii); (b) unable
   to live independently and support himself; and (c) residing in the home of the
   parent seeking or receiving child support;

   6.  On and after July 1, 1994, notice that a petition may be filed for
   suspension of any license, certificate, registration or other authorization to
   engage in a profession, trade, business, occupation, or recreational activity
   issued by the Commonwealth to a parent as provided in § 63.2-1937 upon a
   delinquency for a period of 90 days or more or in an amount of $ 5,000 or
   more. The order shall indicate whether either or both parents currently hold
   such an authorization and, if so, the type of authorization held;

   7.  The monthly amount of support and the effective date of the order. In
   proceedings on initial petitions, the effective date shall be the date of
   filing of the petition; in modification proceedings, the effective date may be
   the date of notice to the responding party. The first monthly payment shall be
   due on the first day of the month following the hearing date and on the first
   day of each month thereafter. In addition, an amount shall be assessed for any
   full and partial months between the effective date of the order and the date
   that the first monthly payment is due. The assessment for the initial partial
   month shall be prorated from the effective date through the end of that month,
   based on the current monthly obligation;

   8.  a. An order for health care coverage, including the health insurance
   policy information, for dependent children pursuant to §§ 20-108.1 and
   20-108.2 if available at reasonable cost as defined in § 63.2-1900, or a
   written statement that health care coverage is not available at a reasonable
   cost as defined in such section, and a statement as to whether there is an
   order for health care coverage for a spouse or former spouse; and
            

      b.  A statement as to whether cash medical support, as defined in §
      63.2-1900, is to be paid by or reimbursed to a party pursuant to subsections
      D and G of § 20-108.2, and if such expenses are ordered, then the
      provisions governing how such payment is to be made;

   9.  If support arrearages exist, (i) to whom an arrearage is owed and the
   amount of the arrearage, (ii) the period of time for which such arrearage is
   calculated, and (iii) a direction that all payments are to be credited to
   current support obligations first, with any payment in excess of the current
   obligation applied to arrearages;

   10.  If child support payments are ordered to be paid through the Department
   of Social Services or directly to the obligee, and unless the court for good
   cause shown orders otherwise, the parties shall give each other and the court
   and, when payments are to be made through the Department, the Department of
   Social Services at least 30 days’ written notice, in advance, of any
   change of address and any change of telephone number within 30 days after the
   change;

   11.  If child support payments are ordered to be paid through the Department
   of Social Services, a provision requiring an obligor to keep the Department of
   Social Services informed of the name, address and telephone number of his
   current employer, or if payments are ordered to be paid directly to the
   obligee, a provision requiring an obligor to keep the court informed of the
   name, address and telephone number of his current employer;

   12.  If child support payments are ordered to be paid through the Department
   of Social Services, a provision requiring the party obligated to provide
   health care coverage to keep the Department of Social Services informed of any
   changes in the availability of the health care coverage for the minor child or
   children, or if payments are ordered to be paid directly to the obligee, a
   provision requiring the party obligated to provide health care coverage to
   keep the other party informed of any changes in the availability of the health
   care coverage for the minor child or children;

   13.  The separate amounts due to each person under the order, unless the court
   specifically orders a unitary award of child and spousal support due or the
   order affirms a separation agreement containing provision for such unitary
   award;

   14.  Notice that in determination of a support obligation, the support
   obligation as it becomes due and unpaid creates a judgment by operation of
   law. The order shall also provide, pursuant to § 20-78.2, for interest on the
   arrearage at the judgment rate as established by § 6.2-302 unless the
   obligee, in a writing submitted to the court, waives the collection of
   interest;

   15.  Notice that on and after July 1, 1994, the Department of Social Services
   may, pursuant to Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and in
   accordance with §§ 20-108.2 and 63.2-1921, initiate a review of the amount
   of support ordered by any court;

   16.  A statement that if any arrearages for child support, including interest
   or fees, exist at the time the youngest child included in the order
   emancipates, payments shall continue in the total amount due (current support
   plus amount applied toward arrearages) at the time of emancipation until all
   arrearages are paid; and

   17.  Notice that, in cases enforced by the Department of Social Services, the
   Department of Motor Vehicles may suspend or refuse to renew the driver’s
   license of any person upon receipt of notice from the Department of Social
   Services that the person (i) is delinquent in the payment of child support by
   90 days or in an amount of $ 5,000 or more or (ii) has failed to comply with a
   subpoena, summons, or warrant relating to paternity or child support
   proceedings.

The provisions of this section shall not apply to divorce decrees where there
are no minor children whom the parties have a mutual duty to support.

HISTORY: 1985, c. 488; 1986, c. 594; 1987, cc. 597, 658, 706; 1988, c. 906;
1991, cc. 651, 694; 1992, c. 199; 1993, c. 534; 1994, cc. 764, 795; 1997, cc.
796, 895; 1998, cc. 727, 884; 2000, c. 305; 2003, c. 625; 2004, c. 1008; 2006,
cc. 720, 869; 2009, cc. 706, 713; 2015, cc. 653, 654.