CODE OF VIRGINIA

DUTIES OF SUPPORT ENFORCEMENT AGENCY (§ 20-88.50)

A. A support enforcement agency of the Commonwealth, upon request, shall provide
services to a petitioner in a proceeding under this chapter.

B. In a proceeding under this chapter, a support enforcement agency of the
Commonwealth that is providing services to the petitioner shall:

   1.  Take all steps necessary to enable an appropriate tribunal of the
   Commonwealth, another state, or a foreign country to obtain jurisdiction over
   the respondent;

   2.  Request an appropriate tribunal to set a date, time, and place for a
   hearing;

   3.  Make a reasonable effort to obtain all relevant information, including
   information as to income and property of the parties;

   4.  Within two days, exclusive of Saturdays, Sundays, and legal holidays,
   after receipt of a written notice in a record from an initiating, responding,
   or registering tribunal, send a copy of the notice to the petitioner;

   5.  Within two days, exclusive of Saturdays, Sundays, and legal holidays,
   after receipt of a written communication in a record from the respondent or
   the respondent’s attorney, send a copy of the communication to the
   petitioner; and

   6.  Notify the petitioner if jurisdiction over the respondent cannot be
   obtained.

C. A support enforcement agency of the Commonwealth that requests registration
of a child support order in the Commonwealth for enforcement or for modification
shall make reasonable efforts to ensure that:

   1.  The order to be registered is the controlling order; or

   2.  If two or more child support orders exist and the identity of the
   controlling order has not been determined, a request for such a determination
   is made in a tribunal having jurisdiction to do so.

D. A support enforcement agency of the Commonwealth that requests registration
and enforcement of a support order, arrears, or judgment stated in a foreign
currency shall convert the amounts stated in the foreign currency into the
equivalent amounts in U.S. dollars under the applicable official or market
exchange rate as publicly reported.

E. A support enforcement agency of the Commonwealth shall issue or request a
tribunal of the Commonwealth to issue a child support order and an
income-withholding order that redirects payment of current support, arrears, and
interest to a support enforcement agency of the Commonwealth if requested to do
so by a support enforcement agency of another state pursuant to § 20-88.62.

F. This chapter does not create a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for
the agency and the individual being assisted by the agency.

HISTORY: 1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.