CODE OF VIRGINIA

NOTICE OF ADMINISTRATIVE SUPPORT ORDER; CONTENTS; HEARING; MODIFICATION (§
63.2-1916)

The Commissioner may proceed against a noncustodial parent 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 custodial parent. The administrative
support order shall also provide that support shall 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 parent seeking or receiving
child support, until such child reaches the age of 19 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
(a) in accordance with the provisions of § 8.01-296, 8.01-327 or 8.01-329 or
(b) by certified mail, return receipt requested, or by electronic means, or the
debtor may accept service by signing a formal waiver. A copy of the notice shall
be provided to the obligee. 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. The initial administrative support order shall be effective on the date
   of service and the first monthly payment shall be due on the first of the
   month following the date of service and the first of each month thereafter. A
   modified administrative support order shall be effective the date that notice
   of the review is served on the nonrequesting party, and the first monthly
   payment shall be due on the first day of the month following the date of such
   service and on the first day of each month thereafter. In addition, an amount
   shall be assessed for the partial month 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. All payments
   are to be credited to current support obligations first, with any payment in
   excess of the current obligation applied to arrearages, if any;

   2.  A statement of the name, date of birth, and last four digits of the social
   security number of the child or children for whom support is being sought;

   3.  A statement that support shall 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 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 10 days of the date of service of the notice stating his defenses to
   liability;

   5.  If known, the full name, date of birth, and last four digits of the social
   security number of each parent of the child; 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, only the
   name of the party at risk shall be included in the order;

   6.  A statement that if no answer is made on or before 10 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 debtor may be subject to mandatory withholding of
   income, the interception of state or federal tax refunds, interception of
   payments due to the debtor from the Commonwealth, notification of arrearage
   information to consumer reporting agencies, passport denial or suspension, or
   incarceration and that the debtor’s property will be subject to lien and
   foreclosure, distraint, seizure and sale, an order to withhold and deliver, or
   withholding of income;

   8.  A statement that the parents shall keep the Department informed regarding
   access to health insurance coverage and health insurance policy information
   and a statement that health care coverage shall be required for the
   parents’ dependent children if available at reasonable cost as defined
   in § 63.2-1900, or pursuant to subsection A of § 63.2-1903. If a child is
   enrolled in Department-sponsored health care coverage, the Department shall
   collect the cost of the coverage pursuant to subsection E of § 20-108.2;

   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, 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, including email address, or phone number, including
   cell phone number, within 30 days;

   13.  A statement that each party shall keep the Department informed of the
   name, telephone number and address of his current employer;

   14.  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;

   15.  A statement 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 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;

   16.  A statement that 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; and

   17.  A statement that on and after July 1, 1994, the Department of Social
   Services, as provided in § 63.2-1921 and in accordance with § 20-108.2, may
   initiate a review of the amount of support ordered by any court.

If no answer is received by the Commissioner within 10 days of the date of
service or acceptance, the administrative support order shall be effective 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. The debtor and the obligee have 10 days from the date of receipt of
the notice to file an answer with the Commissioner 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 administrative support order may be
retroactively modified, but may be modified from the date that notice of the
review has been served on the nonrequesting party. Notice of each review shall
be served on the nonrequesting party (1) in accordance with the provisions of §
8.01-296, 8.01-327, or 8.01-329, (2) by certified mail, return receipt
requested, (3) by electronic means, or (4) by the nonrequesting party executing
a waiver. 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.

HISTORY: 1985, c. 488, § 63.1-252.1; 1986, c. 594; 1987, cc. 640, 649; 1988, c.
906; 1991, cc. 651, 694; 1993, c. 534; 1994, c. 764; 1995, cc. 593, 600; 1996,
cc. 879, 884, 889; 1997, cc. 796, 895; 1998, cc. 107, 885; 2002, cc. 747, 844;
2004, c. 204; 2006, cc. 720, 869; 2007, c. 600; 2009, cc. 706, 713; 2016, c. 29.